UC-NRLF 


273    flS7 


CQIGDOI'S 

MINING  LAW 

AND  FORMS. 


II.  BANCROFT  &  Co. 


D  /?    I. 


l' 


vd 

(£> 

CO 


.Sii^S  §  I^. 

:i-j  s.s|t|i!|||. 


. 


- 


m^ 

35      ^* 


QJ 


LU 

I 


?  °  s  » 

§  w1^ 

**J 


~~L     ~r(     — • 

Illll 

llsjl 

"So® 


"^i  I i  fill  SllS 


|2'5~ 

"     C3 


'  o  "        ®  ^  I  S 

0)^  _C  j=    C    tf    £ 


f-S'g.S 
;E-S> 
:S."-J 


iSS.*£& 


•?f.5 

&/)  0>    > 

C  — *    O> 


Ml    £J 


_    03 

^2-^ 

i  !•=  s 

03    eo    t- 

O        ,OO 

3Q  o  •*•'   o 
^3  tj'JS 

03   -^    05    O 
^2    C  "3    C 

-S'|.- 

>»  a>  *•< 

^2  JS    PnT3 

•o  M       2 

£S8g 

03     S  "3  •— 

I^-is 

^^S 

.22  o-  =5 

^      iJS  -0 

§5  «»  ,o  o> 

1111 


fe  "g  a.  a? ' 

;Sill' 

:  a>  35-  "^  o 

;-  81  |: 

1  o"o  s  — 

:  H-^  g  g 

i    3    —    CO    <X! 

i      =  *  £ 

;^8iS. 

i  03  O  —  <n 
3  03  ^  ^ 
CT  ^  5  ^  - 


3  a? 
?  aj  > 
:  ra  rf 


5.t2  2 


" 


'O    d    o  -+. 


5AI^?  = 

'§!.« 


II: 

xP.5  r 

'i  2  • 

II  c-  — p.f>, 

rs  ^  o  ^^  ^  £r  n  • 
^2       -C  ^  .  n  ""^  ^ 

2  -  rr  *£  "^  §  ^ 


3 
g. 


-^  t» .        — 

Sm  _,      H 
-tl  -Q  m 

sli^-B 

r-     O     S-    -*^ 

T3™-*3  ,0  c8  oT 

**~  •**  S 

<03    jj  *  .!S 

silll 

<-<     Q3     C3  i— u 

|ifsl5 

^    O.  '5    «  ?g 

«   s3   5?  ^ 

.2  ^ 


;  s 

OJ    S^ 


eS5*"^^         ^:£o"     ""?    fclCO  "5    c3  >^  :   .Q  *J 

-g&CT"Ho-i--S'So=-Si22    -'5-3%.TK 


C    sS  'u- 

C     00     O 


S-g  §  S  T^  -'S 

S   ^OQ'C   ®   00^3   ^ 
o  S       2"*^  2iS- 

O    O  C    00  *-»    C  —3  • 


9^8- 


cC  c  -2  C  a- 


, 


^co3£SlZga)0 
£  o  03  -  H 


.ING 


«2 


a  03 

.72     t- 


3    C^3    03    s-  +3    03    03    GO  H3    e  - 

i-=;*£|*5la| 

jS'g-ass  «•>  °^s 

5    -    03    D    «    c3    g '  •  >^  M  .03    o  - 


£  a' 
'~1,  ° 


- 
O  e^ 

^    O 

II 


I'ltlK 
i  g  S-s  «- 


'-=  SS  S  s^g  *.*• 
5S  -s|-s8 


IP 

»    03    03    i 

i'"sl 

13  t-  S      .  a, 

3    0^    3>      »>    *- 


~  5-  tf      ,§  S5 

M°2||l 


*»—    « 

^•^U  ^3  • 

J=  M  o: 


'     03     C3     t-     ^  —^    O     C     CO     G     i- 

';isi.|s&.2,-.|| 


5".-  03  55  "o  ±s  > 
.^^  ^2'Ss 


^-g^.E  = 


^    03 


"       .S  co 


-  §  "5  "M  ^5    S 


S    03    C    O    03    cc  W.  ' 


<rf 


JVo 

Division. 

Range 

*:  '  Shelf. 


187  6  . 


i 


University  of  California. 

/•£ 


1876. 


MINING  LAWS  AND  FORMS: 


BEING   A   COMPILATION    OF   THE 


STATUTES  OF  CALIFORNIA 

A  ND 

TERRITORY  OF  NEVADA, 

IN    REFERENCE   TO 

MINING  CORPORATIONS,  CANAL  COMPANIES,  ASSESSMENTS,  MINING 

PARTNERSHIPS,  TRANSFER  AGENCIES,   CHANGING  PRINCI- 

PAL PLACE  OF  BUSINESS,  MINERAL  LANDS,  CONVEY- 

ANCES  OF,   AND  Af"~^S   RESPECTING   MINING 

CLAIMS,  TAXA.         ,  FOREIGN  MINERS,  ETC. 

TOGETHER  WITH 

THE  MINING  ORDINANCES  OF  MEXICO, 

Forms  for  the  Incorporation  of  Mining  Companies,  and  a  Digest  of 

Decisions  of  the  Supreme  Court  of  California  relative  to 

Mining  Corporations  and  Mining  Interests. 


-  lK  HA  III 

COMPILED    BY    H.    B.l  CONGDON  . 


OF 


CALIFORNL 


THIKD    EDITIL 

REVISED     AND     £  N  L  A  R  CnTTTr 


SAN    FKANCISCO  : 
H.    H.    BANCROFT    AND    COMPANY. 

1864. 


Entered  according  to  Act  of  Congress  in  the  year  of  our  Lord  1864, 

BY  H.  B.  CONGDON, 

In  the  Clerk's  office  of  the  District  Court  of  the  United  States  for  the  Northern 
Distrtct  of  California. 


TOWNE      &     BACON,      PRINTERS. 


LI  B  11  A  II 

UN1VKKSITY   OF 

CALIF- 


PREFACE  TO  THE  FIRST  EDITION. 


THE  present  volume  contains  all  the  laws  and  decisions  which  relate  to  Min- 
ing Corporations  in  the  State  of  California ;  also  the  necessary  forms  used  in 
the  incorporation  of  Mining  Companies.  It  is  published  because  of  the  great 
necessity  for  such  a  work.  Many  thousands  of  men  in  California  and  Nevada 
Territory  are  directly  engaged  in  mining,  and  thousands  more  are  owners  of 
mining  stocks;  many  millions  of  capital  are  invested  in  them,  and  nearly 
the  whole  business  of  California  and  Nevada  Territory  is  based  on  mining  inter- 
ests; yet  comparatively  few  persons  know  anything  definite  about  the  laws 
which  govern  these  great  interests.  These  laws  are  simple  and  easily  understood. 

The  professional  man  will  find  the  present  volume  of  great  convenience,  as  all 
the  Mining  Laws  are  compiled  in  their  proper  order,  and  the  decisions  of  the 
Supreme  Court  bearing  on  the  subject  are  arranged  under  appropriate  heads. 
The  most  approved  forms  used  in  the  formation  of  companies  and  a  full  and 
complete  index  are  appended ;  and  there  will  be  no  occasion  for  looking  beyond 
the  present  volume  for  any  law,  decision,  or  form  which  relates  to  the  subject. 

To  the  great  number  of  individuals  who  are  members  of  Incorporated  Mining 
Companies  and  owners  of  mining  stock,  as  well  as  to  those  who  may  hereafter 
become  interested  in  like  companies,  this  little  compilation  presents  an  opportu- 
nity of  acquiring  a  perfect  knowledge  of  the  laws  which  govern  the  subject  of 
their  interests. 

To  persons  who  may  desire  to  form  Mining  Companies  it  gives  complete 
instruction,  and  will  enable  them  to  commence  and  perfect  their  organization 
without  legal  advice  or  assistance. 


H.  B.  C. 


SAN  FRANCISCO,  July,  1863. 


PREFACE  TO  THE  THIRD  EDITION. 


SINCE  the  publication  of  the  First  and  Second  Editions  of  MINING  LAWS 
AND  FORMS  the  Statutes  of  the  State  of  California  relating  to  the  subject 
matter  of  the  volume  have  been  so  far  changed  and  amended  as  to  render 
those  Editions,  in  many  respects,  useless,  and  to  occasion  an  earnest  demand 
by  the  public  for  a  new  and  enlarged  edition. 

The  Compiler  has  therefore  carefully  revised  the  work,  and  has  included 
in  this  Edition  all  the  laws  of  the  State  of  California  in  force  at  the  present 
time,  of  interest  to  Mining  Corporations  and  persons  interested  in  mining. 
This  Edition  also  includes  a  careful  and  thorough  compilation  of  all  the  laws 
of  the  Territory  of  Nevada  on  the  same  subjects. 

The  large  amount  of  California  capital  invested  in  Mexican  Mines  has  occa- 
sioned a  demand  for  information  relative  to  the  laws  of  that  country  concerning 
the  mines ;  and  the  Compiler  has  been  induced  to  also  include  in  this  Edition 
the  Code  of  Mining  Ordinances  of  Mexico  (of  1783),  complete,  and  has  added 
thereto  several  important  decrees  of  the  Mexican  Government,  denning  the 
rights  and  privileges  of  foreigners  resident  in  that  country. 

The  public  will  also  find  in  this  Edition  a  full  and  complete  Digest  of  the 
Decisions  of  the  Supreme  Court  of  California  bearing  on  the  subject  of  mining, 
and  all  kindred  subjects,  brought  down  to  and  including  those  contained  'in 
the  latest  published  volume  of  the  Reports,  arranged  under  the  laws  and  sec- 
tions to  which  such  decisions  are  applicable. 

The  "Forms"  have  been  revised  and  made  to  conform  to  the  demands 
which  the  latest  experience  has  made  advisable,  and  will  be  found  to  be 
adapted  to  the  wants  of  persons  desiring  to  form  corporations,  as  well  as  of 
mining  companies  and  their  officers. 

The  present  Edition  of  this  work  is  confidently  placed  before  the  public, 
in  the  belief  that  it  supplies  a  public  want,  and  that  it  will  receive  the  public 

patronage. 

H.  B.  C. 

SAN  FRANCISCO.  July,  1864. 


CONTENTS. 


LAWS    OF    CALIFORNIA. 

PAGE. 

An  Act  to  provide  for  the  Formation  of  Corporations  for  certain  Pur- 
poses (passed  April  14th,  1853) 1 

An  Act  amendatory  and  supplemental  to  an  Act  entitled  "An  Act  to 
provide  for  the  Formation  of  Corporations  for  certain  Pur- 
poses "  (approved  March  7th,  1859),  Sec.  2 2 

An  Act  concerning  Corporations  (approved  April  1st,  1864) 2 

An  Act  supplementary  to  an  Act  entitled  "An  Act  to  provide  for  the 
Formation  of  Corporations  for  certain  Purposes,"  passed  April 
14th,  1853  (approved  March  27th,  1857) 21 

An  Act  concerning  Assessments  upon  the  Stock  of  Corporations  (ap- 
proved April  4th,  1864) 24 

An  Act  in  reference  to  Corporations  organized  in  this  State  for  the 

purpose  of  Mining  out  of  this  State  (passed  March  5th,  1861).  28 

An  Act  concerning  Partnerships  for  Mining  Purposes  (approved  April 

4th,  1864) 28 

An  Act  to  authorize  Mining  Companies  or  Corporations  to  change 

their  principal  Place  of  Business  (approved  Feb.  15th,  1864) . .  30 

An  Act  to  authorize  the  removal  of  the  Office  and  principal  Place  of 
Business  of  Mining  and  other  Corporations  from  the  Town  of 
Aurora  in  the  Territory  of  Nevada,  to  the  City  of  San  Fran- 
cisco, or  other  places  in  the  State  of  California  (passed  Febru- 
ary 27th,  1864) 31 

An  Act  to  authorize  Corporations,  organized  in  this  State  for  the  pur- 
pose of  Mining  in  or  without  this  State,  to  establish  and  maintain 
Transfer  Agencies  in  other  States  (approved  April  4th,  1864) . .  32 

An  Act  to  authorize  the  Incorporation  of  Canal  Companies  and  the 

Construction  of  Canals  (passed  May  14th,  1862) 33 

An  Act  to  protect  Owners  of  Growing  Crops,  Buildings,  and  other 
Improvements  in  the  Mining  Districts  of  this  State  (passed 
April  25th,  1855) 36 


VI  CONTENTS. 

PAGX. 

An  Act  prescribing  the  mode  of  Maintaining  and  Defending  Possess- 
ory Actions  on  Public  Lands  in  this  State  (approved  April  20th, 
1852),  Sec.  1 37 

An  Act  to  provide  for  the  Conveyance  of  Mining  Claims  (passed  April 

13th,  1860) 42 

An  Act  supplementary  to  the  Act  entitled  "An  Act  to  amend  an  Act 
defining  the  time  for  commencing  Civil  Actions,"  passed  April 
22d,  1850;  approved  April  18th,  1863  (approved  Feb.  18th, 
1864) 45 

An  Act  amendatory  and  supplementary  to  the  Act  entitled  "An  Act 
to  regulate  Proceedings  in  Civil  Cases  in  Courts  of  Justice  of 
this  State  "  (passed  May  15th,  1854),  Sees.  63,  64 46 

An  Act  to  regulate  Proceedings  in  Civil  Cases  in  the  Courts  of  Justice 

of  this  State  (passed  May  15th,  1854),  Sec.  621 47 

An  Act  supplementary  to  an  Act  entitled  "An  Act  to  provide  Revenue 
for  the  Support  of  the  Government  of  this  State,"  approved 
May  17th,  1861  (approved  April  4th,  1864) 57 

An  Act  to  provide  Revenue  for  the  Support  of  the  Government  of  this 

State  (approved  May  17th,  1861 ),  Sees.  90,  92,  93,  97,  98 58 


LAWS    OF   NEVADA  TERRITORY. 

An  Act  to  provide  for  the  Formation  of  Corporations  for  certain  Pur- 
poses (approved  December  20th,  1862) 63 

An  Act  for  the  Encouragement  of  Mining  (approved  February  20th, 

1864) 72 

An  Act  empowering  Corporations  and  Associations  for  Mining  to  Sue 

Individual  Members  (approved  December  19th,  1864) 73 

An  Act  for  the  Protection  of  Mines  and  Mining  Claims  (approved 

December  19th,  1862) 74 

An  Act  relating  to  the  Manner  of  commencing  Civil  Actions  (ap- 
proved December  20th,  1862) 76 

An  Act  defining  the  Time  for  commencing  Civil  Actions  (approved 

November  21st,  1861),  Sec.  4 76 

An  Act  for  securing  Liens  to  Mechanics  and  others  (approved  Novem- 
ber 21st,  1861),  Sec.  12 76 

An  Act  to  provide  for  the  Conveyance  of  Mining  Claims  (approved 

December  12th,  1862) 77 

An  Act  to  regulate  Proceedings  in  Civil  Cases  in  the  Courts  of  Jus- 
tice of  the  Territory  of  Nevada  (approved  November  29th, 
1861),  Sees.  707—713  inclusive 78 

An  Act  amendatory  of  and  supplemental  to  an  Act  entitled  "An  Act 
to  amend  and  supplemental  to  'An  Act  to  provide  for  the  As- 


CONTENTS.  Vli 

PAGE. 

sessing  and  Collecting  County  and  Territorial  Revenue  ' "  (ap- 
proved February  20th,  1864) 79 

An  Act  to  regulate  Official  Oaths  (approved  April  30th,  1861),  Sec.  1  176 
An  Act  to  regulate  Proceedings  in  Civil  Cases  in  the  Courts  of  Justice 
of  the  Territory  of  Nevada  (approved  November  29th,  1861), 
Sec.  561 176 


LAW    OF    CONGRESS. 

An  Act  to  disapprove  of  the  Twenty-sixth  Chapter  of  the  Act  of  the 
Legislative  Assembly  of  the  Territory  of  Nevada  [entitled  "An 
Act  to  provide  for  the  Formation  of  Corporations  for  certain 
Purposes/'  approved  December  20th,  1862]  and  for  other  Pur- 
poses (approved  March  3d,  1863) 70 


MINING   ORDINANCES   OF  MEXICO. 

Koyal  Ordinances  for  the  Direction,  Regulation,  and  Government  of 
the  Important  Body  of  the  Miners  of  New  Spain  and  of  its  Royal 
Tribunal  General.  By  order  of  His  Majesty,  Madrid,  1783.  By 
the  King <. 81 


DIGEST  OF  DECISIONS  OP  SUPKEME  COURT  OF  CALIFORNIA. 

Certificate  of  Incorporation 2 

Powers  of  Corporations   4 

Assignment,  Transfer,  and  Mortgage  of  Stock 7 

Sale  for  Non-payment  of  Assessments 9 

Right  of  surviving  Partner  to  Vote 9 

Power  to  issue  Bills  or  Notes 11 

Personal  Liability  (of  Stockholders) 11 

Service  of  Summons 12 

Competency  of  Witnesses 12 

Actions  against  Corporations,  etc 13 

Liability  of  Corporations 14 

Compensation  of  Officers 15 

Liability  of  Trustees 16 

Dissolution  of  Corporation 20 

Liability  (Mining  Copartnership) 30 

Ditches,  Canals,  etc 34 

Claims  on  Mineral  Lands 38 


Vlll  CONTENTS. 

PAGE. 

Growing  Wood  and  Timber 41 

Private  Lands 42 

Conveyances  of  Mining  Claims,  etc 43 

Conveyance  to  and  by  Corporation 44 

Jurisdiction  (of  Mining  Claims) 46 

Customs  and  Rules  (of  Miners) 48 

Record  and  Location  (of  Mining  Claims) 49 

Work  (on  Mining  Claims) 50 

Forfeiture  and  Abandonment 51 

Possession — Evidence  of  Title,  etc ". 52 

Tailings  (from  Mines) 55 

Boundary  Lines  (between  Mining  Claims) 57 

Fixtures  (upon  Mining  Claims) 57 

Agreement  (working  Mine  under) 57 

Execution  (Levy  of,  on  Mining  Claims) 57 

Taxation  (of  Mining  Claims) 58 

,  Foreign  Miners'  (License  Tax) 60 


APPENDIX  — FORMS. 

Certificate  of  Incorporation 167 

Trust  Deed  . . .. 167 

By-laws 169 

Power  of  Attorney  to  receive  Stock 168 

Power  of  Attorney  to  Vote 169 

Mining  District  Laws  (Reese  River  District) 174 


L I  B  R ARY 

UNIVERSITY  OF 

CALIFORNIA. 


THE  MINING  LAWS 


STATE  OF  CALIFORNIA. 


CORPORATIONS. 

• 

AN  ACT  to  provide  for  the  formation  of  Corporations  for 
certain  Purposes. 

[Passed  April  14th,  1853— Wood's  Dig.. pp.  119,  906;  Statutes  1853,  p.  87; 
Statutes  1855,  p.  205 ;  Statutes  1858,  p.  133.] 

SECTION  1.  (As  amended  ly  Act  of  March  5th,  1864 — 
Stat.  1863-4,  p.  149.)  Corporations  for  manufacturing,  min- 
ing, mechanical,  mercantile,  wharfing  and  docking,  or  chemical 
purposes,  or  for  the  purpose  of  engaging  in  any  other  species 
of  trade,  business,  or  commerce,  foreign  or  domestic,  may  be 
formed  according  to  the  provisions  of  this  act ;  such  corpora- 
tions and  the  members  thereof  being  subject  to  all  the  con- 
ditions and  liabilities  herein  imposed,  and  to  none  others. 

SEC.  2.  (As  amended  ly  Act  of  March  "lfh,  1859— Stat. 
1859,  p.  93.)  Any  three  or  more  persons  who  may  desire 
to  form  a  company  for  any  one  or  more  of  the  purposes 
specified  in  the  preceding  section,  may  make,  sign,  and 
acknowledge,  before  some  officer  competent  to  take  the 
acknowledgment  of  deeds,  and  file  in  the  office  of  the 
2 


2  MINING  LAWS    OF   CALIFORNIA. 

County  Clerk  of  the  county  in  which  the  principal  place  of 
business  of  the  company  is  intended  to  be  located,  and  a" 
certified  copy  thereof,  under  the  hand  of  the  Clerk  and  seal 
of  the  County  Court  of  said  county,  in  the  office  of  the  Sec- 
retary of  State,  a  certificate  in  writing,  in  which  shall  be 
stated  the  corporate  name  of  the  company,  the  objects  for 
which  the  company  shall  be  formed,  the  amount  of  its  capital 
stock,  the  time  of  its  existence,  not  to  exceed  fifty  years,  the 
number  of  shares  of  which  the  stock  shall  consist,  the  number 
of  trustees  and  their  names,  who  shall  manage  the  concerns 
of  the  company  for  the  first  three  months,  and  the  names  of 
the  city,  or  town,  and  county,  in  which  the  principal  place  of 
business  of  the  company  is  to  be  located. 

Certificate  of  Incorporation. 

1.  The  existence  of  a  corporation,  formed  under  a  general  statute,  requir- 
ing certain  at;ts  to  be  done  before  the  corporation  can  be  considered  in  esse, 
or  its  transactions  be  valid,  must  be  proved  by  showing,  at  least,  a  substan- 
tial compliance  with  the  requirements  of  the  statute.     Mokelumne  Hill  C. 
&  M.  Co.  v.  Woodbury,  14  Cal.  424. 

2.  The  omission  of  such  acts  as  are  declared  necessary  steps  in  the  pro- 
cess of  incorporation  will  be  fatal,  even  collaterally,  when  the  fact  of  incor- 
poration can  be  questioned.     Id. 

3.  But  as  to  such  other  acts  required  of  the  persons  seeking  to  become 
incorporated,  but  not  made  prerequisites  to  the  assumption  of  corporate 
powers,  the  corporation  is  responsible  only  to  the  Government  in  a  direct 
action  of  forfeiture.     Id. 

4.  Under  our  law,  corporations  have  a  legal  existence  from  the  date  of 
filing  the  certificate  of  incorporation  in  the  County  Clerk's  office.     Id. 

5.  That  a  duplicate  certificate  is  not  filed  in  the  office  of  the  Secretary  of 
State,  is  matter  between  the  corporation  and  the  State,  and  not  necessary  to 
be  shown  on  the  issue  of  corporation  or  no  corporation  in  suits  against  third 
persons.     Id. 

6.  Where  the  certificate  of  incorporation  states  that  San  Francisco  is  "  the 
place  of  business,"  instead  of  "  the  principal  place  of  business :"  held,  to 
be  mere  technical  errer,  not  invalidating  the  charter.    Ex parte  Spring  Val- 
ley Water  Works,  17  Cal.  132. 

7.  The  existence  of  a  corporation  formed  under  the  general  State  law  is 
proved  by  its  articles  of  incorporation  executed  and  filed  in  accordance  with 
the  statute.     Spring  Valley  Water  Works  v.  San  Francisco,  22  Cal.  434. 

8.  In  incorporating  under  the  general  law  a  strict  compliance  with  all  the 
requirements  of  the  statute  is  not  essential,  and  the  proceedings  will  not  be 
held  invalid  for  slight  defects  or  omissions.     Id. 


MINING   LAWS   OF   CALIFORNIA.  3 

9.  The  omission  or  irregular  performance  of  acts  relating  to  the  organiza- 
tion of  a  corporation,  can  only  be  investigated  in  a  direct  proceeding  insti- 
tuted by  the  State  for  that  purpose,  and  not  in  a  collateral  action.  So,  too, 
of  those  acts  which  are  not  made  prerequisites  to  the  exercise  of  corporate 
powers  but  which  operate  as  a  forfeiture.  Id. 

DEFECTIVE  ACTS  OF  INCORPORATION. 

An  Act  amendatory  and  supplemental  to  an  act  entitled  an  Act  to  provide  for  the  forma- 
tion of  Corporations  for  certain  purposes,  passed  April  \ith,  1853. 

[Approved  March  7th,  1859;  Stat.  1859,  p.  93.] 

SECTION  2.  All  corporations  heretofore  formed  under  the  provisions  of  the  act  of  which 
this  is  amendatory,  who  have  filed  a  certified  copy  of  the  certificate  in  writing,  required 
to  be  executed  in  the  first  section  of  this  act,  in  tlie  office  of  the  Secretary  of  State,  shall 
to  all  intents  and  purposes,  be  as  legally  incorporated  as  though  a  duplicate  thereof  had 
been  filed  in  the  office  of  the  said  Secretary  of  State,  ana  all  acts  heretofore  done  by  such 
companies  under  their  corporate  name  in  conformity  to  the  laws  governing  corporations 
in  this  State  are  hereby  made  lawful  acts." 

An  Act  concerning  Corporations. 
[Approved  April  1st,  1864;  Stat.  1863-4,  p.  303.] 

SECTION  1.  All  associations  or  companies  heretofore  organized  and  acting  in  the  form 
and  manner  of  corporations,  and  that  have  filed  certificates  for  the  purpose  of  being  incor- 
porated, but  whose  certificates  are  in  some  manner  defective,  or  have  been  improperly 
acknowledged,  or  have  been  acknowledged  before  a  person  not  authorized  by  law  to  take 
such  acknowledgments,  are  hereby  declared  to  be  and  to  have  been  corporations  from  the 
date  of  the  filing  of  such  certificates,  in  the  same  manner  and  to  the  same  effect  and  intent 
as  if  such  certificate  wrere  without  fault  and  properly  acknowledged  before  the  proper 
officer,  and  all  such  certificates  are  hereby  validated  and  declared  to  be  legal,  and  shall 
have  the  same  force  and  effect  as  if  such  certificates  were  free  from  all  fault  or  defect, 
and  were  properly  acknowledged  before  an  officer  having  authority  to  take  such  acknowl- 
edgments. 

SEC.  3.  A  copy  of  any  certificate  of  incorporation  filed  in 
pursuance  of  this  act,  and  certified  by  the  County  Clerk  of 
the  county  in  which  it  is  filed,  or  his  deputy,  or  by  the  Sec- 
retary of  State,  shall  be  received  in  all  Courts  and  places  as 
presumptive  evidence  of  the  facts  therein  stated. 

SEC.  4.  When  the  certificate  shall  have  been  filed,  the  per- 
sons who  shall  have  signed  and  acknowledged  the  same,  and 
their  successors,  shall  be  a  body  politic  and  corporate,  in  fact 
and  in  name,  by  the  name  stated  in  the  certificate,  and  by 
their  corporate  name  have  succession  for  the  period  limited, 
and  power  :  First,  to  sue  and  be  sued  in  any  Court ;  Second, 
to  make  and  use  a  common  seal,  and  alter  the  same  at  pleas- 
ure ;  Third,  to  purchase,  hold,  sell,  and  convey  such  real 
and  "personal  estate  as  the  purposes  of  the  corporation  shall 
require  ;  Fourth,  to  appoint  such  officers,  agents,  and  servants 
as  the  business  of  the  corporation  shall  require ;  to  define 
their  powers,  prescribe  their  duties,  and  fix  their  compensa- 
tion ;  Fifth,  to  require  of  them  such  security  as  may  be 


4  MINING   LAWS   OF   CALIFORNIA. 

thought  proper  for  the  fulfillment  of  their  duties,  and  to 
remove  them  at  will — except  that  no  trustee  shall  be  re- 
moved from  office  unless  by  a  vote  of  two-thirds  of  the  whole 
number  of  trustees,  or  by  a  vote  of  the  majority  of  the 
trustees,  upon  a  written  request  signed  by  stockholders  of 
two-thirds  of  the  whole  stock ;  Sixth,  to  make  by-laws,  not 
inconsistent  with  the  laws  of  this  State,  for  the  organization 
of  the  company,  the  management  of  its  property,  the  regula- 
tion of  its  affairs,  the  transfer  of  its  stock,  and  for  carrying 
on  all  kinds  of  business  within  the  objects  and  purposes  of 
the  company. 

Powers  of  Corporations. 

1.  The  policy  of  the  State  has  altered  the  rigidness  of  the  common  law, 
which  disabled  a  corporation  from  making  a  contract  except  under  its  cor- 
porate seal.     Smith  v.  Eureka  Flour  Mills,  6  Cal.  6. 

2.  Under  the  laws  of  this  State,  the  power  of  corporations  to  create  debts 
is  treated  as  an  incident  to  the  express  powers,  and  not  as  in  itself  one  of 
the  express  powers.     Id. 

3.  All  corporations  by  the  general  act  have  power  to  make  by-laws  for 
the  "  organization  of  the  company,"  the  "  management  of  its  property,"  the 
"  regulation  of  its  affairs,  and  for  carrying  on  all  kinds  of  business  within 
the  objects  and  purposes  of  the  company,"  in  which  there  is  no  reason  to 
exclude  the  right  of  making  promissory  notes.     Id. 

4.  The  express  powers  of  a  corporation  must  be  exercised  in  the  manner 
pointed  out  by  the  statute,  but  the  powers  merely  incident  thereto  may  be 
exercised  by  its  officers  or  agents.     Id. 

5.  Corporations  can  possess  or  exercise  such  corporate  powers  only  as  are 
expressly  given  by  statutes,  or  by  the  charter,  and  such  as  shall  be  necessary 
to  the  exercise  of  the  powers  enumerated  and  given.     Dunbar  v.  City  of 
San  Francisco,  1  Cal.  356  ;   Correas  v.  City  of  San  Francisco,  Id.  452. 

6.  If  a  charter  confers  upon  a  corporation  a  given  power,  and  at  the 
same  time  prescribes  the  mode  of  its  exercise,  the  provision  must  be  held  as 
dependent  and  must  be  construed  accordingly.     Holland  v.    City  of  San 
Francisco,  7  Cal.  375. 

7.  Charters  of  corporations  are  special  grants  of  power  emanating  from 
the  paramount  authority.     The  corporation  owing  its  existence  to  the  law  is 
precisely  what  the  law  makes  it.     City  of  Oakland  v.  Carpentier,  13  Cal. 
545. 

8.  Corporations  are  bound  to  follow  strictly  the  letter  of  their  charter, 
and  can  exercise  no  power  unless  granted  to  them,  or  absolutely  necessary 
to  carry  out  the  power  so  granted.     Smith  v.  Morse,  2  Cal.  538. 

9.  The  word  "  person,"  in  its  legal  signification,  is  a  generic  term,  and  was 


MINING   LAWS    OF   CALIFORNIA.  **  5 

intended  to  include  artificial  as  well  as  natural  persons.     Douglas  v.  Pacific 
M.  8.  8.  Co.,  4  Cal,  306. 

10.  In  reference  to  all  transactions  in  the  nature  of  a  contract,  a  corpora- 
tion must  be  looked  upon  and  treated  as  a  private  person,  and  its  contracts 
construed  in  the  same  manner  and  with  the  like  effect  as  those  of  natural 
persons.     Touchard  v.  Touchard,  5  Cal.  307. 

11.  The  incorporation  act  of  1853  does  not  substantially  alter  the  incor- 
poration law  of  1850.      Weston  v.  Bear  River  and  Auburn  W.  &  M.  Co., 
6  Cal.  429. 

12.  The  power  of  removing  the  private  or  ministerial  officers  of  a  private 
corporation  belongs  to  the  corporation  alone.     Courts  cannot  remove  such 
officers.     Neall  v.  Hill,  16  Cal.  145. 

13.  Neither  the  general  incorporation  act,  nor  the  act  concerning  plank 
roads  and  turnpikes,  gives  any  exclusive  privileges  to  the  corporation  first 
established.     Others  may  build  a  road  on  or  near  the  same  line  of  travel. 
Indian  Canon  Road  Co.  v.  Robinson,  13  Cal.  520. 

14.  Two  corporations  cannot  hold  as  joint  tenants,  but  may  as  tenants  in 
common.     Dewitt  v.  City  of  San  Francisco,  2  Cal.  297. 

15.  A  corporation,  unless  expressly  prohibited  by  law  or  the  provisions 
of  its  charter,  has  power  to  make  all  contracts  that  are  necessary  and  usual 
in  the  course  of  the  business  it  transacts  as  means  to  enable  it  to  effect  the 
object  of  its  creation.      Union  Water  Co.  v.  Murphy's  Flat  Fluming  Co.,  22 
Cal.  620. 

16.  A  contract  by  a  corporation,  which  is  not  upon  its  face  necessarily 
beyond  the  scope  of  its  authority,  will,  in  the  absence  of  proof,  be  presumed 
to  be  valid.     Id. 

17.  In  an  action  by  a  corporation  upon  a  contract  made  by  it  with  the 
defendant,  the  latter  cannot  interpose  as  a  defense  that  the  plaintiff  in  mak- 
ing the  contract  has  exceeded  the  power  conferred  by  its  charter  or  the  law 
under  which  it  was  formed.     The  question  of  a  violation  of  its  charter  is 
one  between  the  State  and  the  corporation,  and  cannot  be  investigated  col- 
laterally by  individuals.     Id. 

SEC.  5.  The  corporate  powers  of  the  corporation  shall  be 
exercised  by  a  Board  of  not  less  than  three  trustees,  who 
shall  be  stockholders  in  the  company,  and  a  majority  of  them 
citizens  of  the  United  States  and  residents  of  this  State,  and 
who  shall,  after  the  expiration  of  the  term  of  the  trustees 
first  selected,  be  annually  elected  by  the  stockholders  at  such 
time  and  place,  and  upon  such  notice  and  in  such  mode  as 
shall  be  directed  by  the  by-laws  of  the  company ;  but  all 
elections  shall  be  by  ballot,  and  each  stockholder,  either  in 
person  or  by  proxy,  shall  be  entitled  to  as  many  votes  as  he 


6  MINING  LAWS   OF   CALIFORNIA. 

owns  shares  of  stock ;  and  the  persons  receiving  the  greatest 
number  of  votes  shall  be  trustees.  When  any  vacancy  shall 
happen  among  the  trustees  by  death,  resignation,  or.  other- 
wise, it  shall  be  filled  for  the  remainder  of  the  year  in  such 
manner  as  may  be  provided  by  the  by-laws  of  the  company. 

SEC.  6.  If  it  should  happen,  at  any  time,  that  an  election 
of  trustees  shall  not  be  made  on  the  day  designated  by  the 
by-laws  of  the  company,  the  corporation  shall  not  for  that 
reason  be  dissolved,  but  it  shall  be  lawful  on  any  other  day 
to  hold  an  election  for  trustees,  in  such  manner  as  shall  be 
provided  for  by  the  by-laws  of  the  company ;  and  all  acts  of 
trustees  shall  be  valid  and  binding  upon  the  company  until 
their  successors  shall  be  elected. 

SEC.  7.  A  majority  of  the  whole  number  of  trustees  shall 
form  a  Board  for  the  transaction  of  business,  and  every 
decision  of  a  majority  of  the  persons  duly  assembled  as  a 
Board  shall  be  valid  as  a  corporate  act. 

SEC.  8.  The  first  meeting  of  the  trustees  shall  be  called 
by  a  notice,  signed  by  one  or  more  of  the  persons  named 
trustees  in  the  certificate,  setting  forth  the  time  and  place  of 
the  meeting,  which  notice  shall  be  either  delivered  personally 
to  each  trustee  or  published  at  least  ten  days  in  some  news- 
paper of  the  county  in  which  is  the  principal  place  of  business 
of  the  corporation,  or  if  no  newspaper  be  published  in  the 
county,  then  in  some  newspaper  nearest  thereto. 

SEC.  9.  The  stock  of  the  company  shall  be  deemed  per- 
sonal estate,  and  shall  be  transferable  in  such  manner  as  shall 
be  prescribed  by  the  by-laws  of  the  company ;  but  no  transfer 
shall  be  valid,  except  between  the  parties  thereto,  until  the 
same  shall  have  been  so  entered  on  the  books  of  the  company 
as  to  show  the  names  of  the  parties  by  and  to  whom  trans- 
ferred, the  number  and  designation  of  the  shares,  and  the 
date  of  the  transfer. 


MINING   LAWS    OF   CALIFORNIA.  7 

Assignment,  Transfer,  and  Mortgage  of  Stock. 

1.  Under  the  twelfth  section  of  the  act  concerning  corporations,  passed 
April  22d,  1850,  no  transfer  of  stock  is  good  against  third  parties,  unless 
the  transfer  be  made  on  the  books  of  the  company.      Weston  v.  Bear  River 
and  Auburn  W.  &  M.  Co.,  5  Cal.  186. 

2.  Where  a  femme  sole  became  the  owner  of  shares  in  a  company,  and 
afterwards  marries,  and  after  marriage  the  husband  and  wife  execute  an 
indorsement  on  the  certificate  of  stock,  purporting  to  sell  the  same  to  A, 
without  any  privy  examination  of  the  wife,  and  there  being  at  the  time  no 
inventory  of  the  separate  property  of  the  wife  on  record :  held,  that  such 
sale  was  void,  as  against  a  subsequent  purchaser,  under  an  instrument  duly 
signed  and  acknowledged.     Selover  v.  American  Russian  Com.  Co.,  7  Cal. 
266. 

3.  Where  A  received  an  assignment  of  stock  in  a  corporation,  and  the 
stock  was  subsequently  attached  under  a  judgment  against  the  vendor,  and 
afterwards  the  stock  was  regularly  transferred  to  A,  who  then  obtained  an 
assignment  of  the  judgment  under  which  the  stock  was  attached  :  held,  that 
the  assignment  of  the  judgment  at  once  merged  the  lien  in  the  higher  right ; 
and  that  A,  as  regarded  third  parties,  became  the  absolute  owner  of  the 
stock.     Strout  v.  Natoma  W.  &  M.  Co.,  9  Cal.  78. 

4.  A  railroad  company  cannot  refuse  to  enter  the  transfer  of  stock  in  the 
company  on  their  books  on  the  ground  that  the  assignor  of  the  stock  is 
indebted  to  the  company,  unless  tne  company  had  a  lien  upon  the  stock  at 
the  date  of  its  transfer.      People  v.  Crockett,  9  Cal.  112. 

5.  Where  shares  of  stock  in  a  corporation  have  been  regularly  transferred 
as  security  for  a  loan,  the  mortgagee  is  the  only  proper  garnishee  in  a  suit 
against  the  mortgagor,  and  attachment  on  his  interest  in  the  corporation. 
Edwards  v.  Beugnot,  7  Cal.  162. 

6.  Where  from  an  instrument  transferring  shares  of  stock  as  security  for 
a  note,  and  from  other  circumstances,  the  transaction  is  clearly  a  loan,  a 
clause  of  foreclosure  on  non-payment,  or  a  provision  that  the  mortgagee  may 
take  the  property  for  the  debt,  does  not  make  the  instrument  any  the  less  a 
mortgage.     Smith  v.  '49  and  '56  Quartz  M.  Co.,  14  Cal.  242. 

7.  Where  stock  is  transferred  to  secure  a  debt,  and  is  still  in  the  hands  of 
the  transferree,  and  plaintiff  avers  that  the  stock  is  worth  more  than  the 
debt,  and  that  defendant  has  received  from  dividends  more  than  enough  to 
pay  it,  equity  has  jurisdiction  to  compel  an  account,  prevent  a  transfer  and 
delivery  of  the  stock.     Id. 

8.  The  clause  in  such  instrument  "  I  hereby  sell,  transfer,  and  set  over. . .  . 

all  my  right,  title,  and  interest  to  the  said stock,  provided  I  fail  to 

pay the  above  sum on  the  day  the  same  becomes  due  and  pay- 
able," does  not  make  it  a  conditional  sale,  there  being  no  money  given  or 
agreed  to  be  given  for  the  stock,  and  no  agreement  to  take  it  at  any  price  at 
the  time  of  the  contract.     Id. 

9.  A  mortgagee  of  stock  in  such  case  does  not  get  an  absolute  title  to  the 
stock  by  the  mere  default  of  payment  of  the  mortgage  debt.     Id. 

10.  Under  the  chattel  mortgage  act  of  1857  a  mortgage  of  shares  of  stock 
in  an  incorporated  company  is  valid  without  a  transfer  on  the  books  of  the 
company  as  is  required  by  the  corporation  act  of  1853  relative  to  pledges 


8  MINING   LAWS    OF   CALIFORNIA. 

of  stock  by  delivery  of  the  certificates.     The  act  of  1853  has  no  effect  on 
the  act  of  1857.     Ede  v.  Johmon,  15  Cal.  53. 

11.  At  one  time  seven  shares  of  stock  in  a  company  are  pledged  by 
defendant  to  plaintiff  as  security  for  a  note  of  defendant  then  executed. 
At  another  time  twenty  more  snares  are  pledged  as  security  for  another 
note  of  defendant  then  executed.     In  suit  on  the  notes,  and  for  sale  of  the 
stock,  etc.,  the  judgment  was  for  the  amount  of  the  notes,  and  directed  a 
sale  of  all  the  shares  of  stock,  and  an  application  of  the  proceeds  to  the 
payment  of  the  judgment :  held,  that  the  judgment  was  wrong  so  far  as  it 
ordered  a  sale  of  the  stock  in  gross,  and  an  application  of  the  proceeds  to 
.the  entire  indebtedness.     Mahoney  v.  Caperton,  15  Cal.  313. 

12.  A  party  who  purchases  at  Sheriff's  sale  stock  of  a  corporation,  know- 
ing that  the  certificates  of  such  stock  have  been  hypothecated,  is  chargeable 
with  notice  of  the  fact  and  takes  subject  to  the  claim  of  the  pledgee.    Neither 
the  incorporation  act  of  1850,  nor  that  of  1853,  was  intended  to  cover  such 
a  case,  but  to  apply  only  to  transfers  and  purchases  in  good  faith  without 
notice.      Weston  v.  Bear  River  Co.,  6  Cal.  425. 

13.  Plaintiff  assigns  to  defendant,  September  22d,  two  shares  of  stock  in 
a  mining  company,  stating  in  the  assignment,  "  I  authorize  the  transfer  to 
him  (defendant),  with  all  the  dividends  made  after  the  morning  of  the  twenty- 
third  of  September."     Both  parties  expected  a  dividend  on  Monday  the  22d. 
The  trustees  did  not,  in  fact,  declare  a  dividend  until  between  noon  and  one 
o'clock  on  Tuesday :  held,  that  the  dividends  belonged  to  plaintiff;  and  that 
parol  evidence  was  admissible  to  explain  the  transaction  and  point  out  its 
meaning.     Erewster  v.  Lathrop,  15  Cal.  21. 

SEC.  10.  The  trustees  shall  have  power  to  call  in  and 
demand  from  the  stockholders  the  sums  by  them  subscribed, 
at  such  times  and  in  such  payments  or  installments  as  they 
may  deem  proper.  Notice  of  each  assessment  shall  be  given 
to  the  stockholders  personally,  or  shall  be  published  once  a 
week  for  at  least  four  weeks  in  some  newspaper  published  at 
the  place  designated  as  the  principal  place  of  business  of  the 
corporation,  or  if  none  is  published  there  in  some  newspaper 
nearest  to  such  place.  If,  after  such  notice  has  been  given, 
any  stockholder  shall  make  default  in  the  payment  of  the 
assessment  upon  the  shares  held  by  him,  so  many  of  such 
shares  may  be  sold  as  will  be  necessary  for  the  payment  of 
the  assessment  on  all  the  shares  held  by  him.  The  sale  of 
said  shares  shall  be  made  as  prescribed  in  the  by-laws  of  the 
company ;  provided,  that  no  sale  shall  be  made  except  at  pub- 
lic auction,  to  the  highest  bidder,  after  a  notice  of  thirty  days 


MINING   LAWS   OF   CALIFORNIA.  9 

published  as  above  directed  in  this  section ;  and  that  at  such 
sale  the  person  who  will  agree  to  pay  the  assessment  so  due, 
together  with  the  expense  of  advertisement  and  the  other 
expenses  of  sale,  for  the  smallest  number  of  whole  shares, 
shall  be  deemed  the  highest  bidder. 

(Query — Whether  this  section  is  not  repealed  by  Sec.  15  of  the  Act  of 
April  4th,  1864,  entitled  "An  Act  concerning  Assessments  upon  the  Stock 
-of  Corporations.") 

1.  Plaintiff  and  others  owned  and  worked  a  mining  claim  from  1855  to 
1858,  when  they  formed  themselves  into  a  corporation  with  twenty-one 
shares  of  stock  at  one  hundred  dollars  each ;  and  from  that  time  the  claim 
was  held  as  corporate  property.  The  corporation  levied  assessments  on  the 
shares  of  stock,  of  which  plaintiff  owned  one ;  and  plaintiff  failing  to  pay, 
sold  his  sh.are  at  public  auction.  He  now  sues  the  corporation  for  an  un- 
divided one  twenty-first  part  of  the  mining  claim :  held,  that  plaintiff  has 
mistaken  his  remedy ;  that  if  the  corporation  had  no  power  to  forfeit  his 
stock  and  hence  it  was  improperly  sold,  he  may  maintain  an  action  for  its 
recovery,  but  not  for  a  specific  interest  in  the  claim — not  being  in  a  position 
to  question  the  title  of  the  corporation,  particularly  as  the  property  is  a  min- 
ing claim  and  could  only  be  held  by  occupation  and  possession.  Smith  v. 
Maine  Boys'  Tunnel  Co.,  18  Cal.  111. 

SEC.  11.  Whenever  any  stock  is  held  by  any  person  as 
executor,  administrator,  guardian,  or  trustee,  he  shall  repre- 
sent such  stock  at  all  meetings  of  the  company,  and  may  vote 
accordingly  as  a  stockholder. 

Right  of  Surviving  Partner  to  Vote. 

1.  A  surviving  partner  has  a  right  to  vote  at  an  election  for  officers  of  a 
corporation,  formed  under  the  general  incorporation  act  of  this  State  of 
1853,  the  stock  in  his  hands  as  assets  of  the  partnership,  the  business  of 
the  firm  being  unsettled.     People  v.  Hill,  16  Cal.  114. 

2.  The  fact  that  a  portion  of  the  stock  voted  by  such  surviving  partner 
stood  upon  the  books  of  the  corporation  at  the  time  of  the  election,  in  the 
name  of  the  deceased  partner  alone,  does  not  affect  the  right  to  vote  if  in 
fact  the  stock  belonged  to  the  partnership.     Id. 

3.  Semble,  upon  principle,  that  the  real  owner  of  stock  in  such  corpora- 
tions is  entitled  to  represent  it  at  the  meetings  of  the  corporation,  and  the 
mere  fact  that  he  does  not  appear  as  the  owner  upon  the  books  of  the  com- 
pany should  not  absolutely  exclude  him  from  the  privilege  of  so  doing.     Id. 

4.  The  New  York  cases,  establishing  a  different  doctrine,  are  based  upon 
a  statute  making  the  books  of  the  corporation  the  only  evidence  as  to  own- 
ership of  the  stock.     Id. 

SEC.  12.  Any  stockholder  may  pledge  his  stock  by  a  deliv- 


10  MINING   LAWS   OF   CALIFORNIA. 

ery  of  the  certificates  or  other  evidence  of  his  interest,  but 
may  nevertheless  represent  the  same  at  all  meetings  and  vote 
accordingly  as  a  stockholder. 

SEC.  13.  It  shall  not  be  lawful  for  the  trustees  to  make 
any  dividend  except  from  the  surplus  profits  arising  from  the 
business  of  the  corporation ;  nor  to  divide,  withdraw,  or  in 
any  way  pay  to  the  stockholders,  or  any  of  them,  any  part  of 
the  capital  stock  of  the  company ;  nor  to  reduce  the  capital 
stock,  unless  in  the  manner  prescribed  in  this  act ;  and  in  case 
of  any  violation  of  the  provisions  of  this  section,  the  trustees, 
under  whose  administration  the  same  may  have  happened, 
except  those  who  may  have  caused  their  dissent  therefrom  to 
be  entered  at  large  on  the  minutes  of  the  board  of  trustees 
at  the  time,  or  were  not  present  when  the  same  did  happen, 
shall,  in  their  individual  and  private  capacities,  be  jointly  and 
severally  liable  to  the  corporation,  and  the  creditors  thereof, 
in  the  event  of  its  dissolution,  to  the  full  amount  so  divided, 
withdrawn,  paid  out,  or  reduced ;  provided,  that  this  section 
shall  not  be  construed  to  prevent  a  division  and  distribution 
of  the  capital  stock  of  the  company,  which  shall  remain  after 
the  payment  of  all  its  debts,  upon  the  dissolution  of  the  cor- 
poration or  the  expiration  of  its  charter. 

SEC.  14.  The  total  amount  of  the  debts  of  the  corporation 
shall  not  at  any  time  exceed  the  amount  of  the  capital  stock 
actually  paid  in;  and  in  case  of  any  excess,  the  trustees 
under  whose  administration  the  same  may  have  happened, 
except  those  who  may  have  caused  their  dissent  therefrom  to 
be  entered  at  large  on  the  minutes  of  the  board  of  trustees  at 
the  time,  and  except  those  who  were  not  present  when  the 
same  did  happen,  shall,  in  their  individual  and  private  capac- 
ities, be  liable  jointly  and  severally  to  the  said  corporation, 
and  in  the  event  of  its  dissolution,  to  any  of  the  creditors 
thereof,  for  the  full  amount  of  such  excess. 

SEC.  15.  No  corporation  organized  under  this  act  shall,  by 


MINING   LAWS   OF   CALIFORNIA.  11 

any  implication  or  construction,  be  deemed  to  possess  the 
power  of  issuing  bills,  notes,  or  other  evidences  of  debt  for 
circulation  as  money. 

Power  to  issue  Bills  or  Notes. 

1.  The  clear  object  of  the  restriction  of  issuing  bills,  notes,  etc.,  by  any 
corporation,  is  to  prevent  them  by  any  device  from  carrying  on  the  business 
of  banking ;  or,  in  other  words,  to  prevent  the  formation  of  moneyed  cor- 
porations ;   but  it  does  not  prevent  them  from  issuing  bills  or  evidences  of 
indebtedness  for  moneys  borrowed  by  them.     Magee  v.  Mokelumne  Hill  C. 
and  M.  Co.,  5  Cal.  259. 

2.  The  power  to  issue  bills  or  notes  as  a  circulating  medium  is  expressly 
excluded  by  the  statute ;  the  right  to  issue  them  in  all  proper  cases  must  be 
inferred  as  incident  to  the  expressed  powers  or  objects  of  the  corporation. 
Smith  v.  Eureka  Flour  Mills,  6  Cal.  1. 

SEC.  16.  (J.s  amended  ly  Act  of  April  27th,  1863 — 
Stat.  1863,  p.  736.)  Each  stockholder  shall  be  individually 
and  personally  liable  for  his  proportion  of  all  the  debts  and 
liabilities  of  the  company,  contracted  or  incurred  during  the 
time  that  he  was  a  stockholder,  for  the  recovery  of  which, 
joint  or  several  actions  may  be  instituted  and  prosecuted.  In 
any  such  action,  whether  joint  or  several,  it  shall  be  compe- 
tent for  the  defendant  or  defendants,  or  any  or  either  of  them, 
on  the  trial  of  the  same  to  offer  evidence  of  the  payment,  by 
him  or  them,  or  any  or  either  of  them,  of  any  debts  or  liabil- 
ities of  such  corporations,  and,  upon  proof  of  such  payment,  the 
same  shall  be  taken  into  account  and  credited  to  the  party 
or  parties  making  such  payment,  and  judgment  shall  not  be 
rendered  against  the  party  or  parties  defendant  proving  such 
payment  for  a  sum  exceeding  the  amount  of  his  or  their  pro- 
portion of  the  debts  and  liabilities  of  such  incorporations,  after 
deducting  therefrom  the  sums  proven  to  have  been  paid  by 
him,  them,  or  any  or  either  of  them,  on  account  thereof. 

Personal  Liability. 

1.  Each  corporator  is  a  principal  debtor,  and  not  a  mere  surety  for  the 
corporation ;  and  in  relation  to  the  creditors  of  the  corporation  stands  on 
the  same  footing  as  if  it  were  an  ordinary  partnership.  Mokelumne  Hill  C. 
and  M.  Co.  v.  Woodbury,  14  Cal.  265. 


12  MINING   LAWS    OF   CALIFORNIA. 

2.  Under  the  Constitution  and  laws  of  this  State,  each  member  of  a  pri- 
vate incorporated  company  is  answerable  personally  for  his  proportion  of 
the  debts  and  liabilities  of  the  company.     Id. 

3.  Persons  dealing  with  a  corporation  have  the  right  to  waive,  by  special 
contract  or  in  any  other  proper  mode,  all  claim  upon  the  personal  liability 
of  the  stockholder,  or  to  limit  or  qualify  the  extent  of  that  claim.     The  fact 
that  such  claim  is  founded  upon  a  constitutional  provision  can  make  no  dif- 
ference.    Robinson  v.  Bidwell,  22  Cal.  379. 

Service  of  Summons. 

1.  In  a  suit  against  a  corporation,  the  summons  must  be  served  on  one  of 
the  officers  or  agents  named  in  the  practice  act.     Aiken  v.  Quartz  Rock 
Co.,  6  Cal.  186. 

2.  Service  on  a  party  in  possession  of  property,  who  does  not  appear  to 
be  one  of  the  officers  named,  will  not  entitle  the  plaintiff  to  a  judgment 
by  default.     Id. 

3.  Where,  in  an  action  against  a  corporation,  the  return  of  the  Sheriff 
showed  that  he  had  served  the  summons  in  the  action  "  upon  James  Street, 
one  of  the  proprietors  of  the  company : "  held,  that  it  was  not  sufficient 
evidence  of  service  to  give  the  Court  jurisdiction :  it  not  appearing  that 
Street  was  president,  or  head  of  the  corporation,  or  secretary,  cashier,  or 
managing  agent  thereof.      CfBrien  v.  Shaw's  Flat  and  Tuolumne  Canal  Co., 
10  Cal.  343. 

4.  A  Sheriff's  return  on  the  summons   against  a  corporation,  that  he 
served  the  same  on  the  president  and  secretary  of  the  company,  is  prima 
facie  evidence  that  the  persons  named  in  the  return  were  such  officers. 
Rowe  v.  Table  Mountain  Table  Co.,  10  Cal.  441 ;   Wilson  v.  Spring  Hill  Quartz 
M.  Co.,  10  Id.  445. 

Competency  of  "Witnesses. 

1.  A  person  who  has  been  a  stockholder  in  an  incorporated  company,  but 
ceased  to  be  such  holder  before  suit  was  brought,  is  a  competent  witness  in 
an  action  in  the  name  of  such  company.     Tuolumne  County  W.   Co.  v. 
Columbia  and  Stanislaus  W.  Co.,  10  Cal.  193. 

2.  In  an  action  against  a  corporation,  a  witness  who  was  a  member  of  the 
corporation  when  the  liabilities  were  incurred  on  which  the  action  is  brought, 
but  who  had  sold  out  before  the  commencement  of  the  action,  is  incompe- 
tent from  interest.     McAuley  v.  York  Mining  Co.,  6  Cal.  80. 

3.  A  party  who  permits  himself  to  stand  on  the  books  of  a  water  com- 
pany, incorporated  under  the  statutes  of  this  State,  as  a  stockholder,  and 
holds  the  office  of  secretary — to  which  no  person  but  a  stockholder  is  eligi- 
ble— is  not  a  competent  witness  for  the  company  in  an  action  against  it  for 
overflowing  plaintiff's  mining  claim.     He  is  liable  for  the  debts  of  the  com- 
pany, and  therefore  interested.      Wolf  v.  St.  Louis  Ind.  Water  Co.,  15  Cal. 
319. 

4.  The  fact  that  the  stock  was  held  in  his  name  in  trust  for  another — the 
transfer  having  been  made  simply  to  enable  him  to  become  an  officer  of  the 
company — does  not  relieve  him  from  responsibility.     The  trust  in  such  case 
is  only  implied ;  and  the  seventeenth  section  of  the  corporation  act  of  1853 
applies  only  to  the  trustee  of  an  express  trust.     Id. 


MINING   LAWS   OF   CALIFORNIA.  13 

6.  A  member  of  the  incorporation  at  the  commencement  of  a  suit  brought 
by  it,  cannot  become  a  witness  for  it  on  the  trial  by  selling  out  his  shares  of 
stock  after  suit  brought.  He  is  personally  liable  for  his  proportion  of  the 
costs :  and  his  competency  as  a  witness  can  only  be  restored  by  actual  pay- 
ment of  the  entire  costs  of  the  case  —  those  due  and  those  to  become  due. 
Mokdumne  Hill  C.  and  M.  Co.  v.  Woodbury,  14  Cal.  265. 

6.  In  an  action  by  a  company  of  miners  to  recover  possession  of  a  min- 
ing claim  and  damages  for  its  detention,  a  person  who  was  a  member  of  the 
company  at  the  time  of  the  alleged  detention,  and  who  prior  to  the  com- 
mencement of  the  suit,  in  consideration  of  unpaid  assessments,  sold  his 
interest  to  his  copartners  in  the  claim,  without  warranty,  is  not  a  competent 
witness,  as  he  is  interested  in  the  damages  sought  to  be  recovered.     Packer 
v.  Heaton,  9  Cal.  671. 

7.  A  witness  in  an  action  for  a  mining  claim,  who  is  in  the  employ  of  the 
party  in  possession,  at  fixed  wages,  to  be  paid  from  the  proceeds  of  the 
claim,  is  not  incompetent  when  his  pay  is  not  dependent  on  such  proceeds. 
Live  Yankee  Co.  v.  Oregon  Co.,  7  Cal.  40. 

8.  In  an  action  for  damages  for  diversion  of  water  from  plaintiff's  ditch, 
the  deposition  of  one  of  the  owners  in  the  ditch  was  taken  by  plaintiff,  and 
subsequently,   and   before  the  trial,  the  witness  conveyed  his  interest  to 
plaintiff:  held,  that  such  conveyance  did  not  pass  the  witness'  right  to  the 
damages,  and  hence  he  was  incompetent  as  a  witness.     Kimball  v.  Gear- 
heart,  12  Cal.  27. 

9.  In  an  action  of  trespass  for  entering  upon  the  mining  ground  of  plaint- 
iff, the  vendor  of  plaintiff  is  a  competent  witness,  although  part  of  the  pur- 
chase money  is  still  due  him.     Rowe  v.  Bradley,  12  Cal.  226. 

Actions  against  Corporations,  Etc. 

1.  The  right  of  a  member  of  an  incorporated  company  to  sue  the  corpo- 
ration is  undoubted.     Barnstead  v.  Empire  Mining  Co.,  5  Cal.  299. 

2.  Where  there  is  nothing  in  the  constitution  of  a  joint  stock  company 
which  regulates  the  remedies  of  the  shareholders  as  between  themselves, 
the  general  law  of  partnership  must  govern  them.     Bullard  v.  Kinney,  10 
Cal.  63. 

3.  The  code  made  no  distinction  between  the  rules  of  pleading  applicable 
to  natural  persons  and  those  applicable  to  artificial  persons.     S.  F.  Gas  Co. 
v.  San  Francisco,  9  Cal.  467. 

4.  Where  a  decree  rendered  in  a  suit  against  a  corporation  contained  a 
direction  for  the  sale  of  the  interest  of  individuals  not  parties  to  the  suit, 
and  from  such  decree  the  corporation  alone  appealed :  held,  that  the  corpo- 
ration could  not  take  advantage  of  the  error  in  the  decree  in  embracing 
individuals.     Dennis  v.  Table  Mountain  W.  Co.,  10  Cal.  369. 

5.  In  an  action  to  restrain  the  issuing  of  bonds  by  a  corporation,  the 
person  to  whom  the  bonds  are  to  be  issued  are  necessary  parties  to  such 
action.     Hutchinson  v.  Burr,  12  Cal.  103 ;  Patterson  v.  Supervisors  of  Yuba 
Co.,  12  Id.  106. 

6.  Where,  on  suit  against  defendants  as  members  of  a  quartz  company, 
one  defendant  pleads  that  he  was  not  a  member  of  the  company,  and  the 
finding  of  the  Court  is  that  the  allegations  of  the  complaint  are  true,  and 


14  MINING   LAWS   OF   CALIFORNIA. 

that  said  defendant  was  a  member  of  the  company  as  to  plaintiff  Parke,  the 
finding  supports  a  judgment  for  plaintiff.     Parke  v.  Hinds,  14  Cal.  417. 

7.  The  rule  requiring  all  persons  materially  interested  to  be  made  parties 
to  a  suit  is  dispensed  with,  when  it  is  impracticable  or  very  inconvenient,  as 
in  cases  of  joint  associations  composed  of  numerous  individuals.     Gorman 
v.  Russell,  14  Cal.  539. 

8.  The  allegation  that  plaintiff  was  a  corporation  under  the  laws  of  this 
State,  is  sufficient  to  establish  the  right  to  sue  under  the  first  section  of  the 
act  concerning  corporations.     Cal.  Steam  Nav.  Co.  v.  Wright,  6  Cal.  261. 

9.  The  code  imposes  upon  the  defendant,  if  a  corporation,  by  its  officers 
and  agents  the  duty  of  acquiring  the  requisite  knowledge  or  information 
respecting  the  matters  alleged  in  the  complaint,  to  enable  them  to  answer  in 
the  proper  form.     San  Francisco  Gas  Co.  v.  City  of  San  Francisco,  9  Cal. 
467. 

10.  In  suit  by  a  stockholder  against  a  corporation  and  its  officers,  praying 
for  their  removal,  and  for  an  account  and  settlement  of  the  affairs  of  the 
corporation,  the  decree,  after  a  full  hearing  on  the  merits,  was  in  accordance 
with  the  prayer,  and  also  appointed  a  receiver  to  take  charge  of  the  prop- 
erty of  the  corporation  until  the  further  order  of  the  Court,  collect  money 
due  or  to  become  due  it,  sell  certain  stock,  and  pay  the  certain  proceeds  in 
accordance  with  the  decree,  etc. :  held,  that  this  provision  in  the  decree  does 
not  destroy  its  effect  as  a  final  decree,  and  that  an  appeal  lies  therefrom. 
Neall  v.  Hill,  16  Cal.  145. 

Liability  of  Corporations. 

1.  N.,  the  president  and  managing  agent  of  a  corporation  for  ditch  and 
mining  purposes,  and  who  was  vested  by  a  resolution  of  the  company  with 
discretionary  powers  as  to  "  all  matters  pertaining  to  the  prosecution  of  the 
projects  of  the  company,"  and  who  had  been  in  the  habit  of  making  such 
contracts  as  he  deemed  necessary  for  the  good  of  the  corporation,  purchased 
of  plaintiff  and  one  S.  in  the  name  and  for  the  use  of  the  corporation  a 
bouse  to  be  used  as  an  office  for  the  company,  and  a  boarding  house  for  the 
laborers  employed,  for  three  thousand  dollars,  five  hundred  dollars  of  which 
N.  paid  down,  and  gave  a  mortgage  on  the  premises  in  the  name  of  the  cor- 
poration to  secure  the  balance.     N".  then,  as  agent,  took  possession  of  the 
premises,  and,  subsequently,  several  meetings  of  the  company  were  held  in 
the  house.     Six  weeks  after  the  purchase,  at  a  meeting  of  the  trustees,  a 
resolution  was  offered  and  rejected,  declaring  the  contract  legal  and  valid. 
Subsequently  the  premises  were  destroyed  by  fire.     The  present  plaintiff, 
who  had  obtained  S.'s  interest  in  the  debt,  brought  suit  against  the  corpora- 
tion to  recover  the  amount,  and  for  a  foreclosure  of  the  mortgage :  held, 
that  N.  had  authority  to  make  the  contract  to  bind  the  corporation ;  and  if 
such  authority  were  doubtful,  the  acts  of  the  corporation  amounted  to  a  rat- 
ification of  the  contract.     Shaver  v.  Bear  River  and  Auburn  W.  and  M.  Co., 
10  Cal.  396. 

2.  It  does  not  follow,  because  an  agent  purchases  property  which  is  not 
absolutely  necessary  for  the  purposes  of  the  corporation,  that  the  latter  can, 
after  receiving  the  property,  avoid  the  payment  of  the  purchase  money. 


Id.  400. 

3,  Where  the  president  of  a  corporation  has  the  alleged  power  to  make  a 


MINING   LAWS    OF   CALIFORNIA.  15 

contract  for  the  corporation,  though  his  authority  be  doubtful,  yet  the  sub- 
sequent acts  of  the  company  may  amount  to  a  ratification.     Id. 

4.  A  corporate  act  is  not  essential  in  all  cases  to  fasten  a  liability,  and  if 
it  were  necessary,  the  law  would  sometimes  presume,  in  order  to  uphold  fair 
dealing  and  prevent  gross  injustice,  the  existence  of  such  act,  and  estop  the 
corporation  from  denying  it.     San  Francisco  Gas  Co.  v.  City  of  San  Fran- 
cisco, 9  Cal.  453. 

5.  Where  the  contract  is  executory,  the  corporation  cannot  be  held  bound 
unless  the  contract  is  made  in  pursuance  of  the  provisions  of  its  charter ; 
but  where  the  contract  has  been  executed  and  the  corporation  has  enjoyed 
the  benefit  of  the  consideration,  an  implied  assumpsit  arises  against  it.     Id. 

6.  Where  a  draft  is  drawn  by  the  president  and  secretary  of  a  corpora- 
tion upon  its  treasurer,  no  notice  of  presentation  and  non-payment  is  neces- 
sary to  hold  the  corporation.     The  draft,  in  such  case,  is  only  an  order  of 
the  corporation  upon  itself.     Dennis  v.  Table  Mountain  Water  Co.,  10  Cal. 
369. 

7.  An  incorporated  company  is  not  bound  by  the  acts  or  admissions  of  its 
members,  unless  acting  by  its  express  authority.     Shayv.  Tuolumne  W.  Co., 
6  Cal.  73. 

8.  A  corporation  may  bind  itself  by  a  note  and  mortgage,  made  by  its 
president  and  secretary,  and  signed  by  them  in  their  official  capacity  as  such. 
jRowe  v.  Table  Mountain  Water  Co.,  10  Cal.  441. 

9.  Where  the  promissory  note  of  a  corporation,  executed  by  its  officers, 
provides  that  only  the  assets  of  the  corporation,  and  none  of  the  property 
of  stockholders,  shall  be  liable,  the  corporation  cannot  raise  the  objection 
as  affecting  its  own  liability.     Smith  v.  Eureka  Flour  Mills,  6  Cal.  1. 

10.  Where  the  charter  of  a  hospital  was  repealed  and  a  charter  granted 
to  a  new  one,  and  the  officers  of  the  former  were  directed  to  deliver  to  the 
trustees  of  the  latter  "  all  the  property,  real  and  personal,  held  by  them  in 
trust  and  for  the  old  institution,  and  that  the  latter  should  pay  out  of  the 
funds  in  his  hands  all  the  debts  owing  by  the  old  one :  field,  that  the  new 
corporation  was  bound  to  pay  all  such  debts,  without  regard  to  the  suffi- 
ciency of  the  fund  derived  from  the  corporation.     Johnson  v.  State  Marine 
Hospital,  2  Cal.  319. 

Compensation  of  Officers. 

1.  In  suit  by  a  stockholder  in  a  private  corporation  against  the  corpora- 
tion and  four  of  the  trustees,  who  owned  stock  sufficient  to  enable  them  to 
control  the  business  of  the  company,  for  an  account  and  settlement  of  its 
affairs,  alleging  fraud  and  mismangement  on  the  part  of  the  trustees,  the 
Court  below,  by  its  decree,  deprived  one  of  said  trustees  of  his  salary  as 
superintendent  of  the  business  of  the  corporation  :  held,  that  this  was  error ; 
that  although  such  superintendent  was  also  trustee  and  treasurer  of  the  cor- 
poration, contrary  to  a  positive  provision  of  the  by-laws ;  and  although,  in 
the  management  of  these  officers,  no  attention  had  been  paid  to  the  by-laws 
and  regulations  of  the  corporation,  yet  as  no  fraud  was  shown,  and  as  the 
superintendent  had  faithfully  performed  his  duties  as  such,  he  was  entitled 
to  his  salary.     Neall  v.  Hill,  16  Cal.  145. 

2.  In  an  action  against  a  corporation  by  one  of  its  members,  upon  an 
implied  contract  for  the  value  of  services  as  secretary,  it  is  competent  for 


16  MINING   LAWS   OF   CALIFORNIA. 

the  defendant  to  show  that  by  the  usage  and  custom  of  the  corporation  no 
compensation  was  chargeable  for  such  services.  Fraylor  v.  Sonora  Mining 
Company,  17  Cal.  594. 

3.  If  such  usage  existed,  plaintiff's  position  as  a  member  and  officer  of 
the  corporation  is  sufficient  prima  facie  evidence  to  charge  him  with  a 
knowledge  of  its  existence ;  and  the  inference  would  be  that  he  accepted  the 
office  and  performed  its  duties  without  expecting  compensation.     Id. 

4.  The  president  of  a  corporation,  who  is  also  a  stockholder,  is,  in  the 
absence  of  any  usage  of  the  company  to  the  contrary,  entitled  to  compensa- 
tion for  his  services  as  president.     If  the  rate  is  not  fixed  by  special  con- 
tract, he  is  entitled  to  what  his  services  are  reasonably  worth.     Rosborough 
v.  The  Shasta  River  Canal  Co.,  22  Cal.  556. 

5.  An  understanding,  not  amounting  to  an  agreement,  between  a  corpora- 
tion and  its  president  that  he  should  receive  pay  for  his  services  is  compe- 
tent evidence  to  rebut  any  presumption  that  he  was  serving  gratuitously.  Id. 

6.  The  plaintiff  acted  for  two  yearly  terms  as  president  of  the  defendant, 
a  corporation,  with  an  understanding  that  he  should  be  paid,  but  without 
any  agreement  to  that  effect,  or  as  to.  the  amount  of  compensation.     Having 
been  reflected,  the  trustees  on  the  same  day  made  an  order  as  follows : . 
"  Ordered,  that  the  compensation  of  the  president  of  the  board  of  trustees 
be  established  at  fifty  dollars  per  month ;"  and  plaintiff  continued  to  serve 
for  two  years  longer :  held,  that  the  order  was  an  agreement  by  the  corpora- 
tion to  pay  for  plaintiff's  past  as  well  as  future  services,  at  the  rate  of  fifty 
dollars  per  month.     Id. 

Liability  of  Trustees. 

1.  Where  four  of  the  trustees  of  a  private  corporation,  owning  sufficient 
stock  to  control  its  business,  conduct  the  business  in  a  grossly  negligent 
manner,  systematically  disregarding  the  by-laws,  keeping  no  account  of 
receipts  and  expenditures,  failing  to  pay  their  own  assessments,  without  any 
excuse :  held,  that  a  stockholder  may  sue  in  equity  for  an  account,  making 
the  corporation  and  said  trustees  alone  parties — no  objection  being  taken 
that  all  the  stockholders  were  not  parties — and  the  trustees  will  be  com- 
pelled to  make  good  any  loss  occasioned  by  their  negligence  or  improper 
conduct.     Neall  v.  Hill,  16  Cal.  145. 

2.  If  in  such  a  case  any  loss  was  sustained  by  the  corporation  from  dis- 
regard of  its  by-laws  and  regulations,  the  amount  of  such  loss  would  seem 
to  be  the  measure  of  relief.     Id. 

3.  Hence,  in  this  case  it  was  error  in  the  Court  below  to  appoint  a  receiver 
and  decree  a  sale  of  the  property  and  a  settlement  of  the  affairs  of  the  cor- 
poration.    Such  decree  necessarily  results  in  the  dissolution  of  the  corpora- 
tion, and  would  be  doing  indirectly  what  the  Court  has  no  power  to  do 
directly.     Id. 

4.  To  charge  the  officers  of  a  corporation  with  a  loss  sustained  by  a  stock- 
holder, in  a  diminution  of  the  value  of  the  stock,  alleged  to  have  been 
caused  by  their  mismanagement,  it  should  appear  very  clearly  that  the  loss 
was  occasioned  by  their  gross  negligence  or  willful  misconduct.     Id. 

5.  The  aid  of  Courts  can  be  invoked  only  as  against  such  officers  as  are 
intrusted  by  law  with  the  management  of  the  affairs  of  the  corporation  ;  and 
as  against  these,  the  remedy  is  at  law  and  not  in  equity.     Id. 


MINING   LAWS   OF   CALIFORNIA.  17 

6.  A  Court  of  Equity  has  no  jurisdiction  over  corporations  for  the  pur- 
pose of  restraining  their  operations  or  winding  up  their  concerns.     Such 
Court  may  compel  the  officers  of  the  corporation  to  account  for  any  breach 
of  trust ;  but  the  jurisdiction  for  this  purpose  is  over  the  officers  personally 
and  not  over  the  corporation.     Id. 

7.  James  Harter  and  S.  N.  Stranahan  were  sued  as  joint  makers  with  the 
Ocean  Mining  Company  of  a  note  in  the  following  form :  "  Three  months 
after  date  the  Ocean  Mining  Company  promise  to  pay  to  W.  G.  Bright,  or 
order,  one  thousand  dollars  for  value  received,  with  interest  at  the  rate  of 
two  per  cent,  per  month.     (Signed)  James  Harter,  Trustee,  S.  N.  Strana- 
han."    Judgment  by  default  was  rendered  against  the  company  and  H.  and 
S. :    held,  that  this  judgment  was  erroneous ;    that  the  instrument  itself 
showed  the  intention  of  H.  and  S.  to  bind  the  company  and  not  themselves, 
and  that  they  were  not  personally  liable.     Shaver  v.  Ocean  Mining  Co.,  21 
Cal.  45. 

8.  Where  a  bond,  made  in  connection  with  a  mortgage  to  secure  the  debt 
of  a  corporation  was  signed  by  four  persons,  who  neither  described  them- 
selves as  agents  of  the  corporation,  nor  designated  anywhere  therein  the 
corporation  as  the  party  intended  to  be  bound :  held,  that  the  instrument 
was  upon -its  face  the  personal  obligation  of  the  parties  signing,  and  that 
extrinsic  evidence  of  their  official  character,  or  of  their  intentions  was  inad- 
missible for  the  purpose  of  showing  it  to  be  the  bond  of  the  corporation. 
Richardson  v.  Scott  River  W.  &  M.  Co.,  22  Cal.  150. 

SEC.  17.  No  person  holding  stock  as  executor,  adminis- 
trator, guardian,  or  trustee,  or  holding  it  as  collateral  secu- 
rity, or  in  pledge,  shall  be  personally  subject  to  any  liability 
as  a  stockholder  of  the  company ;  but  the  person  pledging  the 
stock  shall  be  considered  as  holding  the  same,  and  shall  be 
liable  as  a  stockholder  accordingly ;  and  the  estate  and  funds 
in  the  hands  of  the  executor,  administrator,  guardian,  or  trus- 
tee, shall  be  liable  in  like  manner  and  to  the  same  extent  as 
the  testator  or  intestate,  or  the  ward  or  person  interested  in 
the  trust  fund  would  have  been,  if  he  had  been  living  and 
competent  to  act  and  hold  the  stock  in  his  own  name. 

SEC.  18.  It  shall  be  the  duty  of  the  trustees  of  every 
company  incorporated  under  this  act,  to  cause  a  book  to  be 
kept  containing  the  names  of  all  persons,  alphabetically  ar- 
ranged, who  are  or  shall  become  stockholders  of  the  corpora- 
tion, and  showing  the  number  of  shares  of  stock  held  by 
them  respectively,  and  the  time  when  they  respectively  be- 
came the  owners  of  such  shares  ;  which  book,  during  the  usual 


18  MINING   LAWS    OF   CALIFORNIA. 

business  hours  of  the  day,  on  every  day  except  Sunday  and 
the  Fourth  of  July,  shall  be  open  for  the  inspection  of  stock- 
holders and  creditors  of  the  company  at  the  office  or  principal 
place  of  business  of  the  company ;  and  any  stockholder  or 
creditor  shall  have  the  right  to  make  extracts  from  such 
book,  or  to  demand  and  receive  from  the  clerk  or  other  officer 
having  charge  of  such  book,  a  certified  copy  of  any  entry 
made  therein ;  such  book  or  certified  copy  of  any  entry  shall 
be  presumptive  evidence  of  the  facts  therein  stated,  in  any 
action  or  proceeding  against  the  company,  or  against  any 
one  or  more  stockholders. 

SEC.  19.  If  the  clerk  or  other  officer  having  charge  of 
such  book  shall  make  any  false  entry,  or  neglect  to  make 
any  proper  entry  therein,  or  shall  refuse  or  neglect  to  exhibit 
the  same,  or  to  allow  the  same  to  be  inspected,  or  extracts  to 
be  taken  therefrom,  or  to  give  a  certified  copy  of  any  entry 
therein,  as  provided  in  the  preceding  section,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  and  pay  to 
the  party  injured  a  penalty  of  one  hundred  dollars,  and  all 
damages  resulting  therefrom ;  and  for  neglecting  to  keep 
such  book  for  inspection  as  aforesaid  the  corporation  shall 
forfeit  to  the  people  the  sum  of  one  hundred  dollars  for  every 
day  it  shall  so  neglect — to  be  sued  for  and  recovered  in  the 
name  of  the  people  by  the  District  Attorney  of  the  county  in 
which  the  principal  place  of  business  of  the  corporation  is 
located. 

SEC.  20.  Any  company  incorporated  under  this  act  may, 
by  complying  with  the  provisions  herein  contained,  increase 
or  diminish  its  capital  stock  to  any  amount  which  may  be 
deemed  sufficient  and  proper  for  the  purposes  of  the  corpora- 
tion ;  but  before  any  corporation  shall  be  entitled  to  diminish 
the  amount  of  its  capital  stock,  if  the  amount  of  its  debts  and 
liabilities  shall  exceed  the  sum  to  which  the  capital  is  pro- 
posed to  be  diminished,  such  amount  shall  be  satisfied  and 


MINING   LAWS    OF   CALIFORNIA.  19 

reduced   so   as   not   to   exceed   the   diminished   amount  of 
capital. 

SEC.  21.  Whenever  it  is  desired  to  increase  or  dimmish 
the  amount  of  capital  stock,  a  meeting  of  the  stockholders 
may  be  called  by  a  notice  signed  by  at  least  a  majority  of 
the  trustees,  and  published  for  at  least  four  weeks  in  some 
newspaper  published  in  the  county  where  the  principal  place 
of  business  of  the  company  is  located,  which  notice  shall 
specify  the  object  of  the  meeting,  the  time  and  place  where 
it  is  to  be  held,  and  the  amount  to  which  it  is  proposed  to 
increase  or  diminish  the  capital ;  and  a  vote  of  two-thirds  of 
all  the  shares  of  stock  shall  be  necessary  to  an  increase  or 
diminution  of  the  amount  of  the  capital  stock . 

SEC.  22.  If  at  any  meeting  so  called  a  sufficient  number 
of  votes  has  been  given  in  favor  of  increasing  or  diminishing 
the  amount  of  capital,  a  certificate  of  the  proceedings,  show- 
ing a  compliance  with  these  provisions,  the  amount  of  capital 
actually  paid  in,  the  whole  amount  of  the  debts  and  liabilities 
of  the  company,  and  the  amount  to  which  the  capital  stock  is 
to  be  increased  or  diminished,  shall  be  made  out,  signed,  and 
verified  by  the  affidavit  of  the  chairman  and  secretary  of  the 
meeting,  certified  by  a  majority  of  the  trustees,  and  filed,  as 
required  by  the  second  section  of  this  act ;  and  when  so  filed, 
the  capital  stock  of  the  corporation  shall  be  increased  or 
diminished  to  the  amount  specified  in  the  certificate. 

SEC.  23.  Upon  the  dissolution  of  any  corporation  formed 
under  this  act,  the  trustees  at  the  time  of  the  dissolution  shall 
be  trustees  of  the  creditors  and  stockholders  of  the  corpora- 
tion dissolved,  and  shall  have  full  power  and  authority  to  sue 
for  and  recover  the  debts  and  property  of  the  corporation, 
by  the  name  of  trustees  of  such  corporation ;  collect  and  pay 
the  outstanding  debts  ;  settle  all  its  affairs,  and  divide  among 
the  stockholders  the  money  and  other  property  that  shall 
remain  after  the  payment  of  the  debts  and  necessary  ex- 
penses. 


20  MINING  LAWS   OF   CALIFOKNIA. 

SEC.  24.  Any  corporation  formed  under  this  act  may  dis- 
solve and  disincorporate  itself  by  presenting  to  the  County 
Judge  of  the  county  in  which  the  meetings  of  the  trustees 
are  usually  held,  a  petition  to  that  effect,  accompanied  by  a 
certificate  of  its  proper  officers,  and  setting  forth  that  at  a 
general  or  special  meeting  of  the  stockholders  called  for  that 
purpose,  it  was  decided  by  a  vote  of  two-thirds  of  all  the 
stockholders  to  disincorporate  and  dissolve  the  corporation ; 
notice  of  the  application  shall  then  be  given  by  the  clerk, 
which  notice  shall  set  forth  the  nature  of  the  application,  and 
shall  specify  the  time  and  place  at  which  it  is  to  be  heard, 
and  shall  be  published  in  some  newspaper  of  the  county  once 
a  week  for  four  weeks,  or  if  no  newspaper  is  published  in  the 
county,  by  advertisement  posted  up  for  thirty  days  in  three 
of  the  most  public  places  in  the  county.  At  the  tune  and 
place  appointed,  or  any  other  to  which  [it]  may  be  post- 
poned by  the  Judge,  he  shall  proceed  to  consider  the  appli- 
cation, and,  if  satisfied  that  the  corporation  has  taken  the 
necessary  preliminary  steps,  and  obtained  the  necessary  vote 
to  dissolve  itself,  and  that  all  claims  against  the  corporation 
are  discharged,  he  shall  enter  an  order  declaring  it  dissolved. 

1.  A  joint  stock  mining  association  was  formed  in  New  York  for  the  pur- 
pose of  mining  in  California,  which  company  was  to  continue  several  years, 
with  a  prohibition  against  dissolution  within  one  year  after  the  arrival  of  the 
company  in  California,  except  on  certain  conditions,  which  had  not  been  com- 
plied with :  held,  that  a  portion  of  the  company  could  not  dissolve  the  com- 
pany at  their  will  and  pleasure,  but  it  being  found  impracticable  to  keep  the 
company  together,  the  Court  decreed  a  dissolution  and  a  distribution  of  the 
effects  of  the  company.      Von  Schmidt  v.  Huntington,  1  Cal.  70. 

2.  The  stock  being  divided  into  money  shares  and  labor  shares,  the  hold- 
ers of  the  latter,  who  had  contributed  no  capital  towards  the  outfit  of  the 
company,  had  performed  no  labor  beneficial  to  the  company,  and  had  their 
expenses  to  California  paid  out  of  the  funds  contributed  by  the  holders  of 
the  money  shares  alone,  and  had  abandoned  the  association,  which  fact,  by 
the  articles,  worked  a  forfeiture  of  the  labor  shares :  held,  that  the  assets  of 
the  company  should  be  distributed  among  the  holders  of  the  money  shares 
alone,  and  that  the  Court  could  not  relieve  them  from  the  forfeiture.     Id. 

SEC.  25.  The  fifth  chapter  of  "  An  Act  concerning  Cor- 
porations," passed  April  22d,  1850,  is  repealed;  but  this 


MINING   LAWS   OF   CALIFORNIA.  21 

repeal  shall  not  be  construed  to  destroy  the  existence  of  any 
company  already  formed  under  the  provisions  of  said  chap- 
ter, nor  to  affect  any  right  acquired  or  liability  incurred  under 
the  same ;  but  as  to  all  such  companies,  the  provisions  of  said 
chapter  shall  continue  in  full  force,  except  in  those  instances 
in  which  any  company  heretofore  incorporated  may  avail 
itself  of  the  provisions  of  the  next  section  of  this  act. 

SEC.  26.  Any  company  incorporated  under  the  said  fifth 
chapter  of  u  An  Act  concerning  Corporations,"  passed  April 
22d,  1850,  may  continue  its  corporate  existence  under  this 
act  by  adopting  a  resolution  to  that  effect  by  a  vote  of  two- 
thirds  of  all  the  stockholders,  and  filing  a  certificate  thereof, 
signed  by  its  proper  officers,  in  the  office  of  the  Secretary  of 
State  and  of  the  County  Clerk  of  the  county  in  which  is 
located  the  principal  place  of  business  of  the  corporation. 
From  the  time  of  filing  the  certificate,  the  corporation  shall 
be  subject  only  to  the  provisions  of  this  act,  but  the  change 
so  made  shall  not  affect  any  right  acquired  or  liability  incur- 
red previously  by  the  corporation. 

SEC.  27.  Corporations  formed  under  this  act,  and  the  mem- 
bers thereof,  shall  not  be  subject  to  the  conditions  and  liabil- 
ities contained  in  an  act  entitled  "  An  Act  concerning  Corpo- 
rations," passed  April  22d,  1850. 


SUPPLEMENTARY  ACT. 

AN  ACT  supplementary  to  an  Act  entitled  "An  Act  to 
provide  for  the  formation  of  Corporations  for  certain  pur- 
poses" passed  April  14£A,  1853. 

[Approved  March  27th,  1857.— Wood's  Dig.  p.  123;  Stat.  1857,  p.  121.] 

SECTION  1.  It  shall  be  the  duty  of  the  trustees  of  every 
company,  incorporated   under  this   act  for  the  purpose  of 


22  MINING   LAWS   OF   CALIFORNIA. 

ditching,  mining,  or  conveying  water  for  mining  purposes,  to 
cause  a  book  to  be  kept,  containing  the  names  of  all  persons, 
alphabetically  arranged,  who  are,  or  shall  become  stockhold- 
ers of  the  corporation,  and  showing  the  number  and  designa- 
tion of  shares  of  stock  held  by  them  respectively,  and  the 
time  when  they  respectively  became  the  owners  of  such 
shares ;  also  a  book  or  books,  in  which  shall  be  entered  at 
length,  in  a  plain  and  simple  manner,  all  by-laws,  orders,  and 
resolutions  of  the  company  and  board  of  trustees,  and  the 
manner  and  time  of  their  adoption,  which  books,  during  the 
business  hours  of  the  day,  Sundays  and  Fourth  of  July 
excepted,  shall  be  open  for  the  inspection  of  stockholders  and 
the  creditors  of  the  company,  each  individual  stockholder,  and 
their  duly  authorized  agents  and  attorneys,  at  the  office  or 
principal  place  of  business  of  the  company ;  provided,  that 
the  office  and  books  of  every  such  company  shall  be  kept,  and 
the  books  of  the  company  shall  be  open,  as  aforesaid,  in  the 
county  in  which  their  business  is  transacted,  and  every  stock- 
holder or  creditor,  as  aforesaid,  or  their  agents,  or  attorneys 
shall  have  the  right  to  make  extracts  from  such  books,  or 
upon  payment  of  reasonable  clerk's  fees  therefor,  to  demand 
and  receive  from  the  clerk  or  other  officer  having  the  charge 
of  such  books,  a  certified  copy  of  any  entry  made  therein ; 
such  book  or  certified  copy  of  any  entry,  shall  be  presumptive 
evidence  of  the  facts  therein  stated,  in  any  action  or  pro- 
ceeding against  the  company,  or  any  one  or  more  stock* 
holders. 

SEC.  2.  If  the  clerk  or  other  officer  having  charge  of  such 
book,  shall  make  any  false  entry,  or  neglect  to  make  any 
proper  entry  therein,  or  shall  refuse  or  neglect  to  exhibit  the 
same,  or  allow  the  same  to  be  inspected,  or  extracts  to  be 
taken  therefrom,  or  to  give  a  certified  copy  of  any  entry 
therein,  as  provided  in  the  preceding  section,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  and  pay  to 


MINING   LAWS   OF   CALIFORNIA.  23 

the  party  injured  a  penalty  of  two  hundred  and  one  dollars, 
and  all  damages  resulting  therefrom,  to  be  recovered  in  any 
Court  of  competent  jurisdiction  in  this  State  ;  and  for  neg- 
lect to  keep  such  book  for  inspection,  and  at  the  place  pro- 
vided for  in  last  section,  the  corporation  shall  forfeit  to  the 
people  of  the  State  of  California  the  sum  of  tw'o  hundred  and 
one  dollars  for  every  day  they  shall  so  neglect ;  to  be  sued 
for  and  recovered  before  any  Court  of  competent  jurisdiction 
in  the  county  in  which  the  principal  business  of  such  com- 
pany is  transacted ;  and  it  shall  be  the  duty  of  the  District 
Attorney  within  and  for  such  county  to  prosecute  such  action, 
in  the  name  of  and  for  the  benefit  of  the  people  of  the  State 
of  California.  And  it  is  further  provided,  that  in  case  any 
such  incorporated  company  shall  refuse  or  neglect,  for  the 
space  of  one  full  year  after  the  passage  of  this  act,  to  com- 
ply with  the  provisions  of  this  and  the  preceding  section,  then, 
upon  the  showing  of  such  facts,  by  petition  of  any  person 
aggrieved  thereby,  and  due  proof  thereof,  before  the  County 
Judge  of  the  county  in  which  such"  company's  principal  busi- 
ness is  transacted,  after  such  company  shall  have  been  duly 
notified  thereof,  by  summons,  to  be  issued  by  said  Judge,  cit- 
ing such  company  to  appear  before  such  Judge,  at  a  time 
and  place  therein  mentioned,  which  shall  not  be  less  than  ten 
or  more  than  thirty  days  from  the  date  of  such  summons, 
such  company  shall,  by  said  Judge,  be  declared  and  decreed 
to  be  disincorporated,  so  far  as  to  deprive  said  company  of 
all  the  privileges  of  this  act,  but  in  no  manner  to  affect  the 
remedy  of  all  persons  against  such  company,  to  be  exercised 
as  this  act  provides  ;  provided,  that  nothing  contained  in  the 
provisions  of  this  section,  concerning  the  disincorporating  of 
such  companies,  shall  be  so  construed  as  to  prevent  the 
enforcement  of  the  other  remedies  in  this  section  mentioned, 
at  any  time  after  the  passage  of  this  act,  except  as  herein 
provided. 


24       •  MINING   LAWS   OF   CALIFORNIA. 

ASSESSMENTS  UPON  STOCKS  OP  CORPORATIONS. 

AN  A  OT  Concerning  Assessments  upon  the  Stock  of  Cor- 
porations. 

[Approved  April  4th,  1864;  Stat.  1863-4,  p.  402.] 

SECTION  1.  The  trustees  of  any  corporation,  formed  under 
the  general  laws  of  this  State,  shall  have  power  to  levy  and 
collect,  for  the  purpose  of  paying  the  proper  and  legal  ex- 
penses of  such  corporation,  assessments  upon  the  -capital 
stock  thereof  in  the  manner  and  form  and  to  the  extent  here- 
inafter provided,  and  not  otherwise. 

SEC.  2.  No  assessments  shall  exceed  five  per  cent,  of  the 
capital  stock  of  the  corporation,  and  none  shall  be  levied 
while  any  portion  of  any  previous  assessment  shall  remain 
unpaid  or  uncollected,  except  in  cases  where  all  the  powers  of 
the  corporation  shall  have  been  exercised  in  accordance  with 
the  terms  of  this  act  for  the  purpose  of  collecting  such  pre- 
vious assessment,  and  except  also  the  collection  of  a  previous 
assessment  against  one  or  more  stockholders  restrained  by 
injunction  or  otherwise,  in  which  case  further  assessment  may 
be  levied  and  collected  according  to  this  act. 

SEC.  3.  No  assessment  shall  be  levied  except  by  order  of 
the  board  of  trustees,  concurred  in  by  a  majority  of  said 
board,  and  entered  upon  the  records  of  the  corporation. 

SEC.  4.  Every  order  levying  an  assessment  shall  specify 
the  amount  thereof  and  the  time  when  the  person  or  persons 
to  whom  and  the  place  or  places  where  the  same  is  payable. 
It  shall  also  appoint  a  day  for  the  advertisement  of  the  delin- 
quent list,  which  shall  not  be  less  than  thirty  nor  more  than 
thirty-five  days  from  the  time  of  the  making  of  smch  order ; 
and  a  day  for  the  sale  of  delinquent  stock,  which  shall  not  be 
less  than  ten  nor  more  than  twenty  days  from  the  time  ap- 
pointed for  the  advertisement  of  the  delinquent  list. 

SEC.  5.  Upon  the  making  of  such  an  order  the  Secretary 


MINING   LAWS   OF   CALIFORNIA.  •       25 

shall  cause  to  be  published  immediately  a  notice  thereof  in 
the  following  form : 

"  [Name  in  full.  Location  of  works.]  Notice  is  hereby 
given  that  at  a  meeting  of  the  trustees  of  said  company,  held 
on  the  [date]  an  assessment  of  [amount]  per  share  was  levied 
upon  the  capital  stock  of  said  company,  payable  [when,  to 
whom,  and  where,  particularly].  Any  stock  upon  which  said 
assessment  shall  remain  unpaid  on  the  [day  fixed]  will  be 
advertised  on  that  day  as  delinquent,  and  unless  payment 
shall  be  made  before  will  be  sold  on  the  [day  appointed]  to 
pay  the  delinquent  assessment,  together  with  costs  of  adver- 
tising and  expenses  of  the  sale.  [Signature  of  the  Secre- 
tary, with  particular  location  of  office.]  " 

SEC.  6.  Said  notice  shall  be  published  once  each  week  for 
four  successive  weeks,  in  some  daily  or  weekly  paper  published 
at  the  place  designated  in  the  articles  of  corporation  as  the 
principal  place  of  business  of  the  corporation,  and  also  in 
some  paper  published  in  the  county  in  which  the  works  of  the 
corporation  are  situated,  if  a  paper  be  published  therein ;  pro- 
vided, that  if  the  works  of  the  corporation  are  not  situated 
within  some  State  or  Territory  of  the  United  States,  then 
publication  in  a  paper  of  the  county  shall  not  be  necessary ; 
and  provided,  also,  that  if  there  is  no  paper  regularly  issued 
on  Saturdays  at  any  place  where  publication  is  required  to  be 
made,  the  notice  may  be  published  in  every  issue  of  the  paper 
which  is  most  frequently  issued  at  such  place,  for  the  full 
period  of  four  weeks ;  and  provided,  also,  that  if  there  is  no 
newspaper  published  at  that  place  designated  as  the  principal 
place  of  business  of  the  corporation,  then  the  publication  shall 
be  made  in  the  newspaper  published  nearest  thereto ;  and 
provided,  also,  that  the  notice  specified  in  the  fifth  section  of 
this  act  may  be  served  by  delivering  a  copy  thereof,  certified 
by  the  Secretary,  to  each  stockholder  personally ;  and  in  case 
of  such  service  upon  all  the  stockholders  of  said  corporation, 
3 


26      -  MINING   LAWS   OF   CALIFORNIA. 

then  no  notice  by  publication  shall  be  necessary,  and  such 
personal  notice  shall  be  deemed  complete. 

SEC.  7.  If  any  portion  of  the  assessment  mentioned  in  said 
notice  shall  remain  unpaid  on  the  day  specified  therein  for  the 
publication  of  the  notice  of  sale,  the  secretary  shall,  unless 
otherwise  ordered  by  the  board  of  trustees,  cause  to  be  pub- 
lished in  the  same  papers  in  which  the  notice  provided  for  in 
section  five  shall  have  been  published,  a  notice  substantially  in 
the  following  form : 

"  [Name  in  full.  Location  of  works.]  Notice. — There  is 
delinquent  upon  the  following  described  stock,  on  account  of 
assessment  levied  on  the  [date,  and  assessments  levied  pre- 
vious thereto,  if  any],  the  several  amounts  set  opposite  the 
names  of  the  respective  shareholders,  as  follows :  [Names, 
number  of  certificates,  number  of  shares,  amount.]  And  in 
accordance  with  law,  and  an  order  of  the  board  of  trustees, 
made  on  the  [date,  if  any  such  order  shall  have  been  made] 
so  many  shares  of  each  parcel  of  said  stock  as  may  be  neces- 
sary will  be  sold  at  the  [particular  place] ,  on  the  [date] ,  at 
[the  hour]  of  said  day,  to  pay  said  delinquent  assessments 
thereon,  together  with  costs  of  advertising  and  expenses  of 
the  sale.  [Name  of  the  Secretary,  with  particular  location 
of  office.]" 

SEC.  8.  Said  last  named  notice  shall  state  every  certificate 
of  stock  separately,  with  the  number  of  shares  which  it  repre- 
sents and  the  amount  due  thereon,  except  where  certificates 
may  not  have  been  issued  to  parties  entitled  thereto,  in  which 
case  the  number  of  shares  and  the  amount  due  thereon, 
together  with  the  fact  that  the  certificates  for  such  shares 
have  not  been  issued,  shall  be  stated. 

SEC.  9.  Said  notice,  when  published  in  a  daily  or  weekly 
paper,  or  in  both,  shall  be  published  as  follows :  When  pub- 
lished in  a  daily  paper,  the  same  shall  be  published  for  a 
period  of  ten  days,  excluding  Sundays  and  holidays,  previous 


MINING   LAWS   OF   CALIFORNIA.  27 

to  the  day  of  sale ;  when  published  in  a  weekly  paper,  the 
same  shall  be  published  for  two  weeks  previous  to  the  day  of 
sale,  the  first  publication  in  the  weekly  being  at  least  fourteen 
days  prior  to  the  day  of  sale. 

SEC.  10.  By  the  publication  of  the  said  notices,  as  herein- 
before provided,  the  corporation  shall  acquire  jurisdiction  to 
sell  and  convey  a  full,  complete,  perfect  and  absolute  title  to  all 
of  the  stock  described  in  the  notice  of  sale  upon  which  any 
portion  of  the  assessment  or  costs  of  advertising  shall  remain 
unpaid  at  the  hour  appointed  for  the  sale,  but  shall  sell  no 
more  of  such  stock  than  is  necessary  to  pay  the  assessments 
due  and  cost  of  sale. 

SEC.  11.  On  the  day  and  at  the  place,  and  as  nearly  as 
may  be  at  the  hour  appointed  in  the  notice  of  sale,  the  secre- 
tary shall,  unless  otherwise  ordered  by  the  board  of  trustees, 
sell,  or  cause  to  be  sold,  at  public  auction,  to  the  highest  bid- 
der for  cash,  so  many  shares  of  each  parcel  of  said  described 
stock  as  may  be  necessary  to  pay  the  assessment  and  charges 
thereon  according  to  the  terms  of  said  notice  of  sale ;  pro- 
vided^ that  if  payment  be  made  before  the  time  fixed  for  [the] 
sale  the  party  paying  shall  only  be  required  to  pay  the  actual 
cost  of  advertising. 

SEC.  12.  The  person  offering  at  such  sale  to  pay  the  assess- 
ment and  costs  for  the  smallest  number  of  shares,  or  fraction 
of  a  share,  shall  be  deemed  the  highest  bidder. 

SEC.  13.  The  times  fixed  in  any  notice  published  accord- 
ing to  the  provisions  [of  this  act]  may  be  once  extended 
for  a  period  of  not  more  than  ten  days,  by  order  of  the  board 
of  trustees  duly  made  and  entered  on  the  records  of  the  cor- 
poration ;  but  no  order  extending  the  time  for  the  performance 
of  any  act  specified  in  any  notice  shall  be  effectual,  unless 
notice  of  such  extension  or  postponement  be  appended  to  and 
published  with  the  notice  to  which  [the]  order  relates  before 
the  completion  of  the  regular  course  of  publication  thereof. 


28  MINING   LAWS   OF   CALIFORNIA. 

SEC.  14.  No  assessment  duly  levied  shall  be  rendered 
invalid  by  a  failure  to  make  proper  publication  of  the  notices 
hereinbefore  provided  for,  nor  by  the  non-performance  of  any 
act  required  to  be  performed  in  order  to  enforce  the  payment 
of  the  same ;  but  in  case  of  any  substantial  error  or  omission 
in  the  course  of  proceedings  for  collection,  all  previous  pro- 
ceedings, except  the  levying  of  the  assessment,  shall  be  void 
and  publication  shall  be  begun  anew. 

SEC.  15.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed ;  provided,  that 
such  repeal  shall  not  affect  proceedings  commenced  for  the 
collection  of  assessments  heretofore  levied,  but  all  such  assess- 
ments may  be  collected  in  accordance  with  the  provisions  of 
the  laws  then  in  force. 

SEC.  16.  This  act  shall  take  effect  immediately. 

AN  ACT  in  reference  to  Corporations  organized  in  this  /State  for  the  purpose  of  Mining 

out  of  this  State, 

[Passed  March  5th,  1861 ;  Stat.  1861,  p.  41.] 

SEC.  1.  That  it  may  be  lawful  for  any  corporation  organized  in  this  State,  under  the  laws  of 
this  State,  for  the  purpose  of  mining,  or  carrying  on  mining  operations  without  this  State, 
whose  business  office  is  in  this  State,  to  levy  assessments  upon  the  capital  stock  thereof  to 
pay  the  debts,  future  or  present,  of  said  corporation,  or  to  carry  on  the  business  of  said  cor- 
poration; provided,  the  same  shall  be  equal  and  uniform,  and  at  no  one  time  exceed  five 
ger  cent,  of  the  capital  stock,  and  such  levy,  or  assessment,  shall  constitute  a  valid  and 
inding  obligation  upon  the  holders  of  such  stock  to  pay  the  sum  so  assessed  against  the 
stock  so  held.  Notice  of  each  such  call,  or  assessment,  shall  be  given  to  the  respective 
stockholders  personally,  or  shall  be  published  once  a  week  for  at  least  four  weeks  in  some 
newspaper  published  at  the  place  designated  as  the  principal  place  of  business  of  the  cor- 
poration, and  also  in  some  newspaper  published  nearest  to  the  point  where  said  mining 
operations  are  being  carried  on.  If,  after  such  notice  has  been  given,  any  stockholder 
shall  make  default  in  the  payment  of  such  call,  or  assessment,  as  to  the  shares  of  stock 
held  by  him,  so  many  of  such  shares  may  be  sold  as  will  be  necessary  for  the  payment  of 
the  call,  or  assessment,  on  the  shares  held  by  him.  The  sale  of  said  shares  shall  be  made 
as  prescribed  in  the  by-laws  of  the  company;  provided,  that  no  sale  shall  be  made  except 
at  public  auction  to  the  highest  bidder,  after  a  published  notice  of  thirty  days,  published 
as  above  directed ;  and  that  at  such  sale  the  person  who  will  agree  to  pay  the  call,  or 
assessment,  so  due,  together  with  the  expense  of  advertisement  and  the  other  expenses  of 
the  sale  for  the  smallest  number  of  whole  shares,  shall  be  deemed  the  highest  bidder. 

( Query— Whether  this  act  is  not  repealed  by  Sec.  15  of  the  act  of  April  4th,  1864,  entitled 
"An  Act  concerning  Assessments  upon  the  Stock  of  Corporations.") 


PARTNERSHIPS  FOR  MINING  PURPOSES. 

AN  A  CT  concerning  Partnerships  for  Mining  Purposes. 

[Approved  April  4th,  1864;  Stat.  1863-4,  p.  478.] 

SECTION  1.  All  written  contracts  of  copartnership  for  min- 
ing purposes  upon  the  lands  of  the  United  States  within  this 


MINING  LAWS   OF   CALIFORNIA.  29 

State,  formed  by  two  or  more  persons,  shall  he-subject  to  the 
conditions  and  liabilities  prescribed  by  this  act. 

SEC.  2.  Any  member  of  a  copartnership,  or  his  successor 
in  interest,  in  any  mining  claim,  who  shall  neglect  or  refuse 
to  pay  any  assessment,  or  shall  neglect  to  perform  any  labor 
or  other  liability  incurred  by  the  copartnership  agreement, 
may,  after  the  expiration  of  sixty  days  after  such  assessment, 
labor,  or  other  liability  has  become  due,  be  notified  in  writing 
by  any  remaining  partner  or  partners,  or  by  his  or  their 
agents,  that  such  assessment,  labor,  or  liability  is  due,  which 
written  notice  shall  specify  the  name  of  such  mine  and  the 
district  wherein  it  is  located,  and  shall  particularly  mention 
the  liability  which  has  been  incurred ;  and  if  such  delinquent 
reside  within  the  State,  he  shall  be  personally  served  with 
such  notice ;  and  if  the  person  so  notified  shall  refuse  or 
neglect,  for  thirty  days  after  service  of  such  written  notice, 
to  comply  with  the  requirements  of  the  copartnership  agree- 
ment, the  remaining  partner  or  partners  may  sell  the  interest 
of  such  delinquent  partner  in  and  to  such  mining  claim. 

SEC.  3.  All  sales  under  the  provisions  of  this  act  shall  be 
at  public  auction  and  by  giving  five  days'  notice  thereof,  by 
posting  written  notices  in  three  public  places  within  the  min- 
ing district  where  such  mine  is  located.  The  notice  shall 
also  specify  the  extent  of  the  interest  to  be  sold,  and  the  name 
of  the  delinquent  partner  or  partners,  and  the  time  and  place 
of  such  sale,  which  place  shall  be  within  the  district  where 
the  mine  is  located.  The  purchaser  at  such  sale  shall  acquire 
all  the  rights  and  title  of  the  delinquent  partner. 

SEC.  4.  If  any  delinquent  partner  in  any  mine  is  absent 
from  the  State,  or  resides  in  any  other  State  or  Territory, 
the  notice  to  such  delinquent  shall  be  by  publication  once  a 
week  for  four  months  in  some  newspaper  published  in  the 
county  where  the  mine  is  located ;  or,  if  there  be  no  news- 
paper in  the  county,  then  such  notice  shall  be  published  in 


30  MINING  LAWS   OF  CALIFORNIA. 

some  newspaper  in  an  adjoining  county.  After  the  expira- 
tion of  the  time  of  such  publication,  the  interest  of  such 
delinquent  shall  be  sold,  in  the  manner  prescribed  in  section 
third  of  this  act. 

SEC.  5.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

Liability. 

1.  Where  a  mining  company,  not  incorporated,  forms  a  trading  copart- 
nership with  an  individual  under  a  firm  name,  each  member  of  the  mining 
company  is  a  member  of  the  firm.     Rich  v.  Davis,  6  Cal.  163. 

2.  Where  one  of  the  mining  company  acted  as  salesman  of  the  firm,  it 
cannot  be  pretended  that  he  was  a  dormant  partner  whose  acts  would  not 
bind  the  firm.     Id. 

3.  In  ejectment  for  an  interest  in  a  mining  claim,  the  answer  being  a 
general  denial,  defendant  cannot  defeat  the  action  by  showing  the  claim  to 
be  partnership  property.     Any  rights  defendant  may  have  in  the  premises, 
growing  out  of  the  partnership,  must  be  asserted  in  equity,  particularly  as 
the  legal  title  in  this  case  is  in  the  plaintiff.   Lowe  v.  Alexander,  15  Cal.  296. 


CHANGING  PLACE  OP  BUSINESS. 

AN  A  CT  to  authorize  Mining  Companies  or  Corporations 
to  change  their  principal  place  of  Business. 

[Approved  February  15th,  1864;  Stat.  1863-4,  p>  76.] 

SECTION  1.  Any  mining  company  or  corporation  lawfully 
organized  and  incorporated  for  mining  purposes  within  the 
State  of  California  may  change  its  office  or  principal  place  of 
business  by  first  obtaining  the  consent  in  writing  of  the  stock- 
holders representing  two-thirds  of  all  the  capital  stock  of  the 
company  ;  provided,  that  notice  of  such  intended  change,  after 
such  consent  shall  have  been  obtained,  shall  be  inserted  for 
thirty  days  in  some  newspaper  published  at  or  nearest  the 
principal  place  of  business  of  said  mining  company  or  corpora- 
tion, designating  the  county  or  city  and  county,  to  which  it  is 
intended  to  remove,  before  such  removal  shall  be  deemed 
lawful. 

SEC.  2.  Any  mining  company  or  corporation  availing  itself 


MINING   LAWS   OF   CALIFORNIA.  31 

of  the  privileges  of  this  act,  upon  filing  in  the  office  of  the 
county  clerk  of  the  county  or  city  and  county,  to  which  a 
removal  is  intended  to  be  made,  a  certified  copy  of  its  articles 
of  incorporation,  together  with  a  certificate  of  the  trustees  of 
the  company  or  corporation,  under  the  seal  thereof,  that  the 
requirements  of  section  one  of  this  act  have  been  fulfilled, 
shall,  from  the  time  of  such  filing,  be  vested  -with  all  the  powers 
in  its  new  place  of  business  which  it  might  or  could  have  exer- 
cised if  originally  incorporated  in  the  county  to  which  its 
office  or  principal  place  of  business  shall  be  removed. 

SEC.  3.  This  act  shall  not  be  so  construed  as  to  authorize 
any  mining  company  or  corporation  to  remove  its  office  or 
principal  place  of  business  out  of  the  State. 

SEC.  4.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

KEMOVAL  OF  OFFICES  FROM  AURORA,  N.  T. 

AN  ACT  to  authorize  the  removal  of  the  Office  and  principal  place  of  Business  of  Mining 
and  other  Corporations,  from  the  town  of  Aurora  in  the  Territory  of  Nevada  to  the  City 
of  San  Francisco,  or  other  places  in  the  State  of  California. 

SECTION  1.  It  is  hereby  declared  lawful  for  any  Corporation  heretofore  organized  under 
the  laws  of  this  State,  whose  principal  place  of  business  is  in  the  town  of  Aurora,  Terri- 
tory of  Nevada,  and  such  Corporation  is  hereby  authorized  and  empowered  to  remove  its 
office  and  principal  place  of  business  to  the  city  of  San  Francisco,  or  to  any  other  city  or 
town  in  tne  State  of  California,  as  such  Corporation  may  select  by  a  resolution  of  the 
Board  of  Trustees  thereof  adopted  in  accordance  with  its  By-laws. 

SEC.  2.  Every  such  Corporation  desiring  to  make  such  removal  shall  file  in  the  office  of 
the  Clerk  of  the  City  and  County  of  San  Francisco,  or  of  the  City  and  County  of  Sacra- 
mento, or  of  such  County  in  this  State  wherein  is  situated  the  city  or  town  to  which  such 
Corporation  desires  to  remove,  a  certified  copy  of  such  resolution,  under  their  Corporate 
Seal,  together  with  a  certified  copy  of  the  original  Certificate  of  Incorporation  now  on  file 
in  the  office  of  the  Secretary  ot  State,  and  shall  also  deliver  a  certified  copy  of  such  reso- 
lution to  the  County  Clerk  of  Esmeralda  County,  Nevada  Territory,  and  shall  cause  the 
same  to  be  published  for  four  successive  weeks  in  some  newspaper  in  the  said  town  of 
Aurora ;  and  from  the  time  of  the  filing  of  the  said  instruments  in  the  Clerk's  office  of  the 
proper  county  in  this  State,  the  office  and  principal  place  of  business  of  such  Corporation 
shall  be  deemed  removed  to  and  established  at  such  city  or  town  in  this  State  as  may  be 
declared  in  such  resolution. 

SEC.  3.  The  resolution  heretofore  passed  by  the  Board  of  Trustees  of  any  Corporation, 
•whose  office  and  principal  place  of  business  has  heretofore  been  in  the  town  of  Aurora, 
removing  such  office  and  place  of  business  to  any  city  or  town  in  the  State  of  California, 
is  hereby  legalized  and  declared  valid  and  effectual ;  and  from  the  time  of  the  passage  of 
such  resolution,  all  acts  and  proceedings  of  the  Trustees  of  such  Corporation,  had  or  done 
in  such  city  or  town  in  this  State,  are  hereby  declared  and  made  valid  and  effectual,  in  law 
and  equity,  as  fully  to  all  intents  and  purposes  as  though  such  city  or  town  had  been  orig- 
inally designated  in  the  Certificate  of  Incorporation  ot  such  Corporation  as  the  principal 
place  of  business  thereof;  provided,  that  such  Corporation  shall,  within  sixty  days  from  the 
passage  of  this  act,  file  in  the  office  of  the  County  Clerk  of  the  county  wherein  such  city 
or  town  is  situated,  a  certified  copy  of  such  Resolution,  attested  by  their  Corporate  Seal, 
together  with  a  certified  copy  of  the  Certificate  of  Incorporation  of  said  Corporation  now 
on  file  in  the  office  of  the  Secretary  of  State. 

SEC.  4.    This  act  shall  take  effect  from  and  after  its  passage. 

[This  bill  having  remained  with  the  Governor  ten  davs  (Sundays  excepted)  and  the 
Senate  and  Assembly  being  in  session,  it  became  a  law  February  27th,  1864;  S tat.  1863-4, 
p.  109.] 


32  MINING  LAWS   OF   CALIFORNIA. 

TBANSFER   AGENCIES. 

AN  ACT  to  authorize  Corporations  organized  in  this  State 
for  the  purpose  of  Mining  in  or  without  this  State,  to 
establish  and  maintain  Transfer  Agencies  in  other  States. 

[Approved  April  4th,  1864;  Stat.  1863-4,  p.  429.] 

SECTION  1.  That  it  may  be  lawful  for  any  corporation 
organized  in  this  State  for  the  purpose  of  mining,  or  carrying 
on  mining  operations  in  or  without  this  State,  to  establish  and 
maintain  agencies  in  other  States  of  the  United  States  for  the 
transfer  and  issuance  of  their  stock,  and  a  transfer  or  issuance 
of  [the]  same  at  any  such  transfer  agency,  in  accordance  with 
the  provisions  of  this  statute,  shall  be  valid  and  binding,  and 
as  fully  and  effectually  so,  for  all  purposes,  as  if  made  upon  the 
books  of  such  corporation  at  its  principal  office  within  this 
State. 

SEC.  2.  All  stock  of  any  such  corporation  issued  at  any 
such  transfer  agency,  shall  be  signed  by  the  President  and 
Secretary  of  the  corporation,  and  countersigned  at  the  time 
of  its  issuance  by  the  agent  or  agents  of  such  corporation 
having  the  charge  of  such  transfer  agency,  and  no  stock  shall 
be  issued  at  such  transfer  agency,  unless  the  certificate  or 
certificates  of  stock  in  lieu  of  which  the  same  is  issued,  shall, 
at  the  time  of  such  issuance,  be  surrendered  for  cancellation. 

SEC.  3.  The  stockholders  of  any  such  corporation  may 
pass  by-laws  for  the  regulation  and  conduct  of  any  such  trans- 
fer agency ;  provided,  the  same  be  not  inconsistent  with  the 
provisions  of  this  act ;  and  such  transfer  agency  shall  at  all 
times  be  subject  to  the  control  of  the  trustees  of  said  corpora- 
tion. 

SEC.  4.  All  acts,  or  parts  of  acts,  inconsistent  herewith  are 
hereby  repealed. 

SEC.  5.  This  act  shall  take  effect  from  and  after  its  pas- 


MINING   LAWS   OF   CALIFORNIA.  33 

CANAL    COMPANIES. 

AN  A  OT  to  authorize  the  Incorporation  of  Canal  Companies, 
and  the  Construction  of  Canals. 

[Passed  May  14th,  1862;  Stat.  1862,  p.  540.] 

SECTION  1.  Corporations  may  be  formed,  under  the  pro- 
visions of  an  act  entitled  "An  Act  to  provide  for  the  forma- 
tion of  Corporations  for  certain  purposes,"  passed  April  14th, 
1853,  and  the  several  acts  amendatory  thereof  and  supple- 
mental thereto,  for  the  following  purposes :  The  construction 
of  canals  for  the  transportation  of  passengers  and  freights,  or 
for  the  purpose  of  irrigation  or  water  power,  or  for  the  con- 
veyance of  water  for  mining  or  manufacturing  purposes,  or  for 
all  of  such  purposes. 

SEC.  2.  The  right  is  hereby  granted  to  any  company 
organized  under  the  authority  of  this  act,  to  construct  all 
works  necessary  to  the  objects  of  the  company,  to  make  all 
surveys  necessary  to  the  selection  of  the  best  site  for  the 
works,  and  of  the  lands  required  therefor,  and  to  acquire  all 
lands,  waters  not  previously  appropriated,  and  other  property 
necessary  to  the  proper  construction,  use,  supply,  mainten- 
ance, repairs,  and  improvements  of  the  works,  in  the  manner 
and  by  the  mode  of  proceedings  prescribed  in  an  act  entitled 
"An  Act  to  provide  for  the  Incorporation  of  Railroad  Com- 
panies, and  the  Management  of  the  affairs  thereof,  and  other 
matters  relating  thereto,"  passed  May  20th,  1861.  (For  the 
Railroad  Act  hereby  referred  to  see  Stat.  of  1861,  p.  607 ; 
Stat.  1862,  p.  547 ;  Stat.  1863,  p.  610.) 

SEC.  3.  Every  company  organized  as  aforesaid  shall  have 
power,  and  the  same  is  hereby  granted,  to  make  rules  and 
regulations  for  the  management  and  preservation  of  their 
works  not  inconsistent  with  the  laws  of  this  State,  and  for  the 
use  and  distribution  of  waters  and  the  navigation  of  the  canals, 
and  to  establish,  collect,  and  receive  rates,  water  rents,  or 
3* 


34  MINING   LAWS   OF   CALIFORNIA.       . 

tolls,  which  shall  be  subject  to  regulation  by  the  Board  of 
Supervisors  of  the  county  or  counties  in  which  the  work  is 
situated,  but  which  shall  not  be  reduced  by  the  supervisors 
so  low  as  to  yield  to  the  stockholder  less  than  one  and  one- 
half  per  cent,  per  month  upon  the  capital  actually  invested. 

SEC.  4.  Every  company  organized  under  the  authority  of 
this  act  shall  construct,  and  keep  in  good  repair  at  all  times, 
for  public  use,  across  their  canal,  all  of  the  bridges  that  the 
Board  of  Supervisors  of  the  county  or  counties  in  which  such 
canal  is  situated  shall  require ;  said  bridges  being  on  the 
lines  of  public  highways,  and  necessary  for  public  use  in  con- 
nection with  such  highways. 

SEC.  5.  The  provisions  of  this  act  shall  not  apply  to  the 
counties  of  Nevada,  Placer,  Amador,  Sierra,  Klamath,  Del 
Norte,  Trinity,  Butte,  Plumas,  Calaveras,  and  Tuolumne. 

Ditches,  Canals,  Etc. 

1.  The  first  appropriates  of  water  for  mining  purposes  is  entitled  to  have 
the  water  flow  without  material  interruption  in  its  natural  channel.     Bear 
River  and  Auburn  W.  and  M.  Co.  v.  New  York  Mining  Co.,  8  Cal.  333. 

2.  Plaintiffs  owned  certain  mining  claims  and  quartz  leads  on  the  bank  of 
a  stream  above  the  mill  and  dam  of  defendant.     Defendant  commenced 
raising  his  dam  two  feet  higher.     Plaintiffs  brought  suit  against  defendant, 
alleging  that  the  addition  of  two  feet  to  defendant's  dam  was  a  nuisance, 
and  would  back  the  water  on  to  plaintiffs'  claims  and  thus  prevent  them 
from  working  them,  and  would  also  destroy  their  water  privilege  for  a  quartz 
mill,  which  they  intended  to  construct :  held,  that  the  action  was  premature, 
and  that  the  demurrer  to  the  complaint,  on  the  ground  that  the  complaint 
did  not  state  facts  sufficient  to  a  cause  of  action,  was  properly  sustained. 
Harvey  v.  Chilian,  11  Cal.  120. 

3.  In  an  action  for  injuries  to  a  mining  claim,  a  claim  for  damages  to  the 
plaintiff  by  reason  of  the  breaking  away  of  the  defendant's  dam  and  the 
consequent  washing  away  of  the  pay  dirt  of  the  plaintiff,  may  properly  be 
joined  with  a  claim  for  damages  in  the  preventing  plaintiff  from  working  his 
claim.     Fraylor  v.  Sears  U.  W.  Co.,  12  Cal.  558. 

4.  The  law  will  not  presume  an  abandonment  of  property  in  a  dam  and 
ditch  for  mining  purposes  from  the  lapse  of  time.     Partridge  v.  McKinney, 
10  Cal.  183. 

5.  "Where  plaintiff's  mining  claim  was  overflowed  by  means  of  a  dam 
erected  by  the  defendants,  the  Court  ordered  a  reduction  of  the  dam,  so  as 
to  prevent  the  overflow,  or,  if  necessary,  the  entire  abatement.     Ramsay  v. 
Chandler,  3  Cal.  93. 


MINING  LAWS   OF  CALIFORNIA.  35 

6.  The  obstruction  of  water  in  a  ravine  is  common  injury  to  many  at 
work  on  the  ravine,  who  had  by  the  necessary  implication  of  the  laws  of 
the  State  which  relates  to  mines  and  miners,  a  species  of  property  in  their 
mining  grounds  which  they  had  a  right  to  protect  by  peaceably  abating  the 
nuisance.     Stiles  v.  Laird,  5  Cal.  122. 

7.  Eights  of  miners  are  to  be  protected  in  the  possession  of  their  selected 
localities,  and  the  rights  of  those  who  by  prior  appropriation  have  taken  the 
waters  from  their  natural  beds,  and  by  costly  works  to  supply  the  necessity 
of  gold  diggers,  and  without  which  the  most  important  interest  in  the  min- 
eral region  would  remain  undeveloped.     Irwin  v.  Phillips,  5  Cal.  146. 

8.  Where  the  plaintiff  sued  for  an  injury  to  his  mining  claim,  by  the 
breaking  of  defendant's  canal,  which  was .  constructed  prior  to  the  location 
of  plaintiff's  claim,  neither  party  claiming  ownership  of  the  soil,  and  no 
negligence  in  fact  being  shown,  other  than  that  which  the  law  would  pre- 
sume from  the  breaking  of  the  ditch :  held,  that  the  rights  of  the  parties 
were  acquired  at  the  dates  of  their  respective  locations,  and  the  rule  of 
"  coming  to  a  nuisance  "  may  be  applied.     Tenney  v.  Miners'  Ditch  Co.,  7 
Cal.  339. 

9.  There  is  no  doubt  that  ditch  owners  would  be  responsible  for  wanton 
injuries  or  gross  negligence,  but  they  are  not  liable  for  a  mere  accidental 
injury,  where  no  negligence  is  shown,  to  a  miner  locating  along  the  line  sub- 
sequent to  the  construction  of  the  ditch.     Id.  340. 

10.  In  suits  for  the  possession  of  land  by  ditch  companies,  incorporated 
under  the  act  of  April  14th,  1853,  by  the  fourth  section  of  which  they  are 
authorized  "to  purchase,  hold,  sell,  and  convey  such  real  and  personal 
estate  as  the  purposes  of  the  corporation  shall  require,"  the  defendants  can- 
not question  the  necessity  of  such  lands  for  the  purposes  of  the  corpora- 
tion.    This  is  matter  between  the  government  and  the  corporation.     Natoma 
W.  &  M.  Co.  v.  Clarkin,  14  Cal.  544. 

11.  "Where  parties  have  acquired  the  prior  right  to  the  use  of  the  water 
of  a  stream  by  the  commencement  and  partial  completion  of  a  ditch  and 
flume,  they  have  the  right  to  use  so  much  of  the  waters  of  the  stream  as 
are  necessary  to  preserve  their  flume  from  injury,  while  in  the  process  of 
construction.     Weaver  v.  Conger,  10  Cal.  233. 

12.  In  an  action  for  diverting  water  from  plaintiff's  ditch,  where  both 
parties  claimed,  in  part,  the  water  of  the  stream  :  held,  that  defendant  is  not 
liable  for  any  deficiency  of  water  in  plaintiff's  ditch,  unless  he  was  diverting 
from  the  stream  more  water  than  he  was  entitled  to  at  the  time.     Brown  \. 
Smith,  10  Cal.  508. 

13.  The  owners  of  a  ditch  are  bound  to  use  that  degree  of  care  and  cau- 
tion in  its  construction  and  management,  to  prevent  injury  to  others,  which 
men  of  ordinary  prudence  would  use  when  the  risk  was  their  own.      Wolf  v.  * 
St.  Louis  W.  Co.,  10  Cal.  541. 

14.  The  failure  of  one  partner  in  a  ditch  to  pay  his  proportion  of  expenses 
of  the  concern,  does  not  forfeit  his  right  in  the  common  property.     J&mball 
v.  Gearheart,  12  Cal.  27. 

15.  When  parties  projecting  a  ditch  to  convey  water,  give  notice  to  the 
world  of  their  intention  to  dig  such  ditch  and  appropriate  such  water,  in  the 
usual  manner,  and  designate  the  line  of  such  ditch  by  the  usual  marks  and 


36  MINING  LAWS   OF  CALIFORNIA. 

indications,  and  pursue  the  work  with  a  reasonable  degree  of  diligence  until 
the  same  is  completed,  they  are  entitled  to  such  water  as  against  all  per- 
sons subsequently  claiming  it.  Id. 

16.  Surveys,  notices,  stakes,  and  blazing  of  trees,  followed  by  work  and 
labor,  without  abandonment,  will  in  every  case  where  the  work  is  completed, 
give  title  to  unclaimed  water  on  public  lands  over  after-claimants.     Id. 

17.  The  diversion  of  the  waters  of  a  stream  with  the  object  of  drainage 
simply,  or  without  the  intention  of  applying  them  to  some  useful  purpose, 
does  not  constitute  an  appropriation.     McKinney  v.  Smith,  21  Cal.  374. 

18.  A  mortgage  upon  a  flume  or  ditch  not  completed  but  projected  and 
in  process  of  construction,  covers  the  whole  work  when  completed,  if  apt 
terms  expressing  that  intent  are  used  in  the  instrument.      Union  Water  Co. 
v.  Murphy's  Flat  Fluming  Co.,  22  Cal.  620. 

19.  A  flume  for  the  conveyance  of  water  is  in  the  nature  of  real  estate, 
and  a  mortgage  upon  it  will,  without  any  special  provisions,  include  all 
improvements  then  upon  the  line  of  the  works,  and  also  those  which  may 
afterwards  be  put  thereon.     Id. 

20.  A  loan  of  money  upon  mortgage  security  by  a  corporation  organized 
for  the  purpose  of  constructing  ditches  for  the  conveyance  and  sale  of  water 
is  not  necessarily  an  act  exceeding  its  corporate  powers.     Such  contract,  if 
necessary  to  attain  its  general  objects  and  made  as  an  incident  to  the  exer- 
cise of  its  granted  powers,  is  valid.     In  the  absence  of  proof  its  validity 
will  be  presumed.     Id. 


FOR  THE    PROTECTION  OP   GROWING   CROPS, 
BUILDINGS,  ETC.,  ON  MINERAL  LANDS. 

AN  ACT  to  protect  Owners  of  Growing  Crops,  Buildings, 
and  other  Improvements  in  the  Mining  Districts  of  this 
State. 

[Passed  April  25th,  1855.— Wood's  Dig.  p.  54;  Stat.  1855,  p.  145.] 

SECTION  1.  No  person  shall,  for  mining  purposes,  destroy 
or  injure  any  growing  crops  of  grain  or  garden  vegetables 
growing  upon  the  mineral  lands  of  this  State,  nor  undermine 
"or  injure  any  house,  building,  improvement,  or  fruit  trees, 
standing  upon  mineral  lands  and  the  property  of  another, 
except  as  hereinafter  provided. 

SEC.  2.  Whenever  any  person,  for  mining  purposes,  shall 
desire  to  occupy  or  use  any  mineral  lands  of  this  State,  then 
occupied  by  such  growing  crops  of  grain,  garden  vegetables, 


MINING   LAWS   OF   CALIFORNIA.  37 

fruit  trees,  houses,  buildings,  or  other  improvements,  prop- 
erty of  another,  such  person  shall  first  give  bond  to  the  owner 
of  the  growing  crop,  building,  fruit  trees,  or  other  improve- 
ments, to  be  approved  by  a  justice  of  the  peace  of  the  town- 
ship, with  two  or  more  sufficient  sureties,  in  a  sum  to  be  fixed 
by  three  disinterested  citizens,  householders  of  the  township, 
one  to  be  selected  by  the  obligor,  one  by  the  obligee,  and  one 
by  a  justice  of  the  peace  of  the  township,  conditional  that  the 
obligor  shall  pay  to  the  obligee  any  and  all  damages  which 
said  obligee  may  sustain  in  consequence  of  the  destruction  by 
the  obligor,  or  those  in  his  employ,  of  the  growing  crops,  fruit 
trees,  improvements,  or  buildings  of  the  obligee ;  provided, 
that  the  word  improvements  in  this  act  shall  be  construed  to 
mean  any  superstructure  on  said  farm,  ranch  or  garden,  and 
nothing  more. 

SEC.  3.  If  any  person  or  persons  shall  violate  the  provis- 
ions of  the  first  and  second  sections  of  this  act,  he  or  they 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  before  any  Court  of  competent  jurisdiction,  shall  be 
fined  in  a  sum  not  exceeding  two  hundred  dollars,  nor  less 
than  fifty  dollars,  or  by  imprisonment  in  the  county  jail  of 
said  county,  not  exceeding  three  months,  either  or  both,  at 
the  discretion  of  the  Court ;  provided,  nothing  in  this  act 
shall  prevent  miners  from  working  any  mineral  lands  in  the 
State,  after  the  growing  crops  on  the  same  are  harvested. 


PUBLIC    MINERAL    LANDS. 

AN  A  OT  prescribing  the  mode  of  Maintaining  and  Defend- 
ing Possessory  Actions  on  Public  Lands  in  this  State. 

[Approved  April  20th,  1852;  Stat.  1852,  p.  158;  Wood's  Dig.  p.  526.] 

Section  1  provides  that  "Any  person  now  occupying  and 
settled  upon,  or  who  may  hereafter  occupy  or  settle  upon  any 


38  MINING  LAWS   OF  CALIFOKNIA. 

of  the  public  lands  in  this  State,  for  the  purpose  of  cultiva- 
ting or  grazing  the  same,  may  commence  and  maintain  any 
action  for  interference  with  or  injuries  done  to  his  or  her  pos- 
sessions of  said  land  against  any  person  or  persons  so  inter- 
fering with  or  injuring  such  land  or  possession ;  provided, 
that  if  the  lands  so  occupied  and  possessed  contain  mines  of 
any  of  the  precious  metals,  the  possession  or  claim  of  the 
person  or  persons  occupying  the  same  for  the  purposes  afore- 
said shall  not  preclude  the  working  of  such  mines  by  any  per- 
son or  persons  desiring  so  to  do,  as  fully  and  unreservedly  as 
they  might  or  could  do  had  no  possession  or  claim  been  made 
for  grazing  or  agricultural  purposes." 

Possessory  Claims  on  Mineral  Lands. 

1.  The  act  of  April  25th,  1855,  "for  the  protection  of  growing  crops  and 
improvements  in  the  mining  districts  of  this  State,"  so  far  as  it  purports  to 
give  a  right  of  entry  upon  the  mineral  lands  of  this  State,  in  cases  where  no 
such  right  existed  anterior  to  its  passage,  is  invalid.     Gillan  v.  Hutchinson, 
16  Cal.  153. 

2.  This  act  of  1855  seems  to  proceed  upon  the  idea  of  an  absolute  and 
unconditional  right  in  the  miner  to  enter  upon  the  possessions  of  another 
for  mining  purposes,  and  the  intention  of  the  act  was  to  limit  this  supposed 
right,  and  not  to  give  a  right  of  entry  in  cases  where  no  such  right  previ- 
ously existed.  ,  Miners  have  no  such  absolute  and  unconditional  right.     The 
true  rule  is  laid  down  in  Smith  v.  Doe,  15  Cal.  100.     Id. 

3.  In  ejectment  for  mineral  land,  plaintiff  averred  possession  of  a  large 
tract  of  land,  including  the  mining  land  in  controversy,  and  that  he  occu- 
pied the  land  for  agricultural  and  mining  purposes,  without  stating  that  any 
use  was  made  of  the  particular  portion  held  by  defendants.     This  averment 
of  possession,  and  also  the  averment  of  ouster,  were  insufficiently  denied  in 
the  answer ;  but  the  answer  averred  affirmatively  that,  at  the  time  defend- 
ants entered  upon  the  ground  in  dispute,  it  was  a  part  of  the  public  domain 
of  the  United  States ;  contained  large  and  valuable  deposits  of  gold ;  that 
they  entered  upon  and  took  possession  of  it  for  mining  purposes,  and  that 
they  have  since  held  and  used  it  for  such  purposes  only.     The  Court  below 
gave  judgment  for  plaintiff  on  the  pleadings :  held,  that  these  affirmative 
averments  of  defendants  being  proved,  plaintiff  could  not  recover  without 
showing  such  an  actual  and  meritorious  possession  and  occcupancy  as  ren- 
dered the  interference  of  the  defendants  unjust  and  inequitable ;  that  he 
could  not  recover  on  the  pleadings,  because  the  character  of  his  possession 
did  not  appear,  the  complaint  not  averring  that  this  particular  portion  of 
land  was  ever  used  by  plaintiff  for  any  purpose  whatever.     Smith  v.  Doe,  15 
Cal.  100. 

4.  The  allegation  of  possession  is  too  broad  to  defeat  the  rights  of  a  per- 
son who  has,  in  good  faith,  located  upon  public  mineral  land  for  the  pur- 
pose of  mining.     Id. 


MINING   LAWS   OF   CALIFORNIA.  89 

5.  When  a  party  enters  upon  mineral  land  for  the  purpose  of  mining,  he 
cannot  be  presumed  to  be  a  trespasser,  for  if  the  land  be  not  private  prop- 
erty he  has  the  right  to  enter  upon  it  for  that  purpose ;  and,  until  it  is 
shown  that  the  title  has  passed  from  the  Government,  the  statutory  pre- 
sumption that  it  is  public  land  applies.     Id. 

6.  Mere  entry  and  possession  give  no  right  to  the  exclusive  enjoyment  of 
any  given  quantity  of  the  public  mineral  lands  of  this  State.     Id. 

7.  As  a  general  rule,  the  public  mineral  lands  of  this  State  are  open  to 
the  occupancy  of  every  person  who,  in  good  faith,  chooses  to  enter  upon 
them  for  the  purpose  of  mining.     But  this  rule  has  its  limitations,  to  .be 
fixed  by  the  facts  of  each  particular  case.     Certain  possessory  rights  and 
rights  of  property  in  the  mining  region,  though  not  founded  on  a  valid  legal 
title,  will  be  protected  against  the  miner — as  valuable  permanent  improve- 
ments, such  as  houses,  orchards,  vineyards,  growing  crops,  etc.     Id. 

8.  The  act  of  April,  1852,  "prescribing  the  mode  of  maintaining  and  de- 
fending possessory  actions  on  public  lands  in  this  State,"  gives  permission 
to  all  persons  to  work  the  mines  upon  public  lands,  although  they  may  be 
in  the  possession  of  another,  for  agricultural  purposes.     Stoakes  v.  Barrett, 
5  Cal.  36;   Clark  v.  Duval,  15  Id.  88. 

9.  The  right  of  the  agriculturist  to  use  and  enjoy  public  lands  must  yield 
to  the  right  of  the  miner  when  gold  is  discovered  in  his  land.     Tartar  v. 
Spring  Creek  W.  &  M.  Co.,  5  Cal.  395 ;  Burdge  v.  Underwood,  6  Id.  45. 

10.  But  this  does  not  confer  any  right  upon  the  miner  to  dig  a  ditch  to 
convey  water  to  his  mining  claim  through  land  thus  occupied.  Id. ;  McClin- 
tock  v.  Bryden,  6  Cal.  97 ;  Fitzgerald  v.  Urton,  Id.  308. 

11.  The  Government  of  the  United  States  will  issue  no  patent  to  a  pre- 
emption claimant  upon  mineral  lands,  who  claims  the  same  for  agricultural 
purposes.     McClintock  v.  Bryden,  5  Cal.  99. 

12.  The  Government  of  this  State  being  a  Government  of  the  people,  has, 
as  far  as  its  action  has  been  determined,  modified  the  claim  to  the  precious 
metals  by  the  sovereign,  and  permitted  its  citizens  and  others  to  use  the 
public  lands  for  the  purpose  of  extracting  the  most  valuable  metals  from 
their  soil.     Id. 

13.  A  person  who  has  settled  for  agricultural  purposes  upon  any  of  the 
mining  lands  of  this  State  has  settled  upon  such  lands  subject  to  the  rights  of 
miners,  who  may  proceed  in  good  faith  to  extract  any  valuable  metals  there 
may  be  found  in  the  lands  so  occupied  by  the  settler,  to  the  least  injury  of 
the  occupying  claimant.     Id.  102. 

14.  Miners  have  a  right  to  dig  for  gold  on  the  public  lands.     Irwin  v. 
Phillips,  5  Cal.  145 ;  Hicks  v.  Bell,  3  Id.  219. 

15.  The  miner  who  selects  a  piece  of  ground  to  work  must  take  it  as  he 
finds  it,  subject  to  prior  rights,  which  have  an  equal  equity  on  account  of 
an  equal  recognition  from  the  sovereign  power.     Id.  147. 

16.  Settlers  may  occupy  public  lands  and  inclose  the  same  for  their  imme- 
diate benefit,  except  in  the  mining  regions,  else  the  entire  gold  region  might 
have  been  inclosed  in  large  tracts  under  the  pretense  of  agriculture  and 
grazing.     Tartar  v.  Spring  Creek  W.  &  M.  Co.,  5  Cal.  398. 


40  MINING  LAWS   OF   CALIFORNIA. 

17.  The  Government  of  the  United  States,  in  the  face  of  the  notorious 
occupation  of  the  public  lands  in  this  State  by  her  citizens — that  upon  those 
lands  they  have  mined  for  gold,  constructed  canals,  built  saw  mills,  culti- 
vated farms,  and  practiced  every  mode  of  industry — has  asserted  no  right  of 
ownership  to  any  of  the  mineral  lands  in  the  State.     Conger  v.  Weaver,  6 
Cal.  556. 

18.  The  right,  like  digging  gold,  is  a  franchise,  and  the  attending  circum- 
stances raise  the  presumption  of  a  grant  from  the  sovereign  of  the  privilege, 
and  every  one  who  wishes  to  attain  it  has  license  from  the  State  to  do  so ; 
provided,  that  the  prior  rights  of  others  are  not  infringed  upon.     Id. 

19.  A  license  to  work  the  mines  implies  a  permission  to  extract  and  re- 
move the  mineral.     Such  license  from  an  individual  owner  can  be  created 
only  by  writing,  and  from  the  General  Government  only  by  act  of  Congress. 
But  Congress  has  adopted  no  specific  action  on  the  subject,  and  has  left 
that  matter  to  be  controlled  by  its  previous  general  legislation  respecting 
the  public  domain.   The  supposed  license  from  the  General  Government  con- 
sists in  its  simple  forbearance.     Boggs  v.  Merced  M.  Co.,  14  Cal.  374. 

20.  If  the  forbearance  of  the  Government  were  entitled  to  any  considera- 
tion, as  a  legal  objection  to  the  assertion  of  the  title  of  the  Government,  it 
could  only  be  so  in  those  cases  where  it  has  been  accompanied  with  such 
knowledge  on  its  part,  of  a  working  of  the  mines  and  the  removal  of  the 
mineral,  as  to  have  induced  investigation  and  action,  had  this  been  intended 
or  desired.     Such  knowledge  must  be  affirmatively  shown  by  those  who 
assert  a  license  from  forbearance.     Id. 

21.  How  far  the  right  of  miners  to  go  upon  public  mineral  lands  in  pos- 
session of  another,  for  the  purpose  of  mining,  must  be  modified  to  secure 
any  rights  of  such  possessor,  reserved.     Id. 

22.  Neither  the  act  of  1858,  as  to  the  location  of  seminary  land,  nor  the 
act  of  Congress,  donating  it,  allows  mineral  land  to  be  located.-    Id. 

23.  Miners  have  a  right  to  enter  upon  public  mineral  land,  in  the  occu- 
pancy of  others,  for  agricultural  purposes,  and  to  use  the  land  and  water 
for  the  extraction  of  gold — the  use  being  reasonable,  necessary  to  the  busi- 
ness of  mining,  and  with  just  regard  to  the  rights  of  the  agriculturist ;  and 
this,  whether  the  land  is  inclosed  or  taken  up  under  the  possessory  act. 
Clark  v.  Duval,  15  Cal.  88. 

24.  The  right  so  to  enter  and  mine  carries  with  it  the  right  to  whatever 
is  indispensable  for  the  exercise  of  this  mining  privilege — as  the  use  of  the 
land  and  such  elements  of  the  freehold  as  water.     Id. 

25.  The   possession   of  agricultural  land  is  prima  facie  proof  of  title 
against  a  trespasser ;  but  where  it  is  shown  that  the  party  goes  on  mineral 
land  to  mine,  there  is  no  presumption  that  he  is  a  trespasser ;  and  the  statu- 
tory presumption  that  it  is  public  land,  in  the  absence  of  proof  of  title  in 
the  person  claiming  it  as  agricultural  land,  applies.     Burdge  v.  Smith,  14 
Cal.  383. 

26.  In  this  State,  although  the  larger  portion  of  the  mineral  lands  belong 
to  the  United  States,  yet  defendant  cannot  defeat  an  action  for  mining 
claims,  water  privileges,  and  the  like,  by  showing  the  paramount  title  of  the 
Government.     Our  Courts,  in   determining   controversies  between   parties 
thus  situated,  presume  a  grant  from  the  Government  to  the  first  appropria- 


MINING   LAWS   OF   CALIFORNIA.  41 

tor.     The  presumption,  though  of  no  avail  against  the  Government,  is  held 
absolute  in  such  controversies.     Coryell  v.  Cain,  16  Cal.  573. 

27.  A  miner  has  no  right  to  dig  or  work  within  the  inclosure  surrounding 
a  dwelling-house,  corral,  and  other  improvements  of  another.     Burdge  v. 
Underwood,  6  Cal.  45. 

28.  There  is  no  prohibition  against  locating  school  land  warrants  on  any 
of  the  mineral  lands  in  the  State.     Nims  v.  Johnson,  7  Cal.  110. 

29.  A  party  cannot,  under  pretense  of  holding  land  in  exclusive  occu- 
pancy as  a  town  lot,  take  up  and  inclose  twelve  acres  of  mineral  land  in  the 
mining  district,  as  against  persons  who  enter  afterwards  upon  the  land,  in 
good  faith,  for  the  purpose  of  digging  gold,  and  who  do  no  injury  to  the  use 
of  the  premises  as  a  residence,  or  for  carrying  on  of  any  commercial  or 
mechanical  business.     Martin  v.  Browner,  11  Cal.  12. 

30.  Where  a  miner  enters  upon  land  in  the  possession  of  another,  claim- 
ing the  right  to  enter  for  mining  purposes,  he  must  justify  his  entry,  by 
showing:  1st,  that  the  land  is  public  land;  2d,  that  it  contains  mines  or 
minerals ;  3d,  that  he  enters  for  the  bona  fide  purpose  of  mining,  and  such 
justification  must  be  affirmatively  pleaded  in  answer,  with  all  the  requisite 
averments  to  show  a  right  under  the  statute,  or  by  law,  to  enter.     Lentz  v. 
Victor,  17  Cal.  271. 

31.  A  party  in  possession  of  public  mineral  land  is  entitled  to  hold  it  as 
against  all  the  world,  the  Government  excepted,  if  the  land  belong  to  it — 
subject  only  to  the  qualification  that,  upon  land  taken  up  for  other  than 
mining  purposes,  a  right  of  entry  for  such  purposes  may  attach.     Id. 

32.  Whetner  in  this  case,  even  if  the  defense  of  justification  as  a  miner, 
etc.,  had  been  properly  set  up,  defendant  would  have  been  entitled  to  enter, 
not  decided.     Id. 

33.  The  eleventh  section  of  the  act  of  March,  1856,  "for  the  protection 
of  actual  settlers  and  to  quiet  land  titles  in  this  State,"  .does  not  apply  to 
miners  engaged  in  extracting  gold  from  quartz  veins.     Fremont  v.  Seals, 
18  Cal.  433. 

34.  The  mines  of  gold  and  silver  in  the  public  lands  are  as  much  the 
property  of  the  State,  by  virtue  of  her  sovereignty,  as  are  similar  mines  in 
the  hands  of  private  proprietors.    Hicks  v.  Bell,  3  Cal.  227 ;  Stoakes  v.  Bar- 
rett, 5  Id.  39. 

35.  The  State,  therefore,  has  the  sole  right  to  authorize  the  mines  to  be 
worked,  to  pass  laws  for  their  regulation,  to  license  miners,  and  affix  such 
terms  and  conditions  as  she  may  deem  proper  to  the  freedom  of  their  use.  Id. 

Growing  "Wood  and  Timber. 

1.  The  right  to  the  use  of  growing  wood  and  timber  upon  the  public  min- 
eral lands,  as  between  the  claims  of  miners  on  the  one  hand  and  agricul- 
turists on  the  other,  is  governed  by  the  rule  of  priority  of  appropriation. 
Rogers  v.  Soggs,  22  Cal.  444. 

2.  The  possession  of  public  land  in  the  mineral  districts  of  this  State, 
acquired  and  held  in  accordance  with  the  possessory  act  for  agricultural 
purposes,  carries  with  it  the  right  to  the  wood  and  timber  growing  thereon, 
and  this  right  is  superior  to  that  of  subsequent  locators  of  mining  claims 


42  MINING  LAWS   OF  CALIFORNIA. 

who  need,  and  seek  to  use,  the  wood  and  timber  for  carrying  on  their  min- 
ing operations.     Id. 

3.  In  an  action  between  occupants  of  the  public  lands  neither  party  can 
claim  a  right  to  the  growing  timber  thereon  under  the  laws  of  the  United 
States.  The  cutting  or  destruction  of  the  timber  by  any  occupant  is 
expressly  prohibited  by  Act  of  Congress  of  March  2d,  1831.  Id. 

Private  Lands. 

1.  The  United  States,  like  any  other  proprietor,  can  only  exercise  their 
right  to  the  mineral  on  private  property,  in  subordination  to  such  rules  and 
regulations  as  the  local  sovereign  may  prescribe.     Boggs  v.  Merced  M.  Co., 
14  Cal.  376. 

2.  The  general  course  of  legislation  in  this  State  authorizes  the  infer- 
ence of  a  license  from  her  to  the  miner  to  enter  upon  lands  and  remove  the 
gold,  so  far  as  the  State  has  any  right ;  but  this  hcense  is  restricted  to  the 
public  lands.     Id. 

3.  Where  premises  containing  deposits  of  gold  are  held  under  a  patent 
from  the  United  States,  an  injunction  lies  to  prevent  miners  from  excavating 
ditches,  digging  up  the  soil,  and  flooding  a  portion  of  the  premises,  for  the 
purpose  of  extracting  the  gold.     Henskaw  v.  Clark,  14  Cal.  460. 

4.  Such  injuries  are  calculated  to  destroy  the  entire  value  of  the  land  for 
all  useful  purposes.     They  are  irreparable.     Id. 

5.  Miners  have  no  right  to  enter  upon  private  land,  and  subject  it  to 
such  uses  as  may  be  necessary  to  extract  the  precious  metals  which  it  con- 
tains.    Id. 

6.  The  right  to  mine  for  the  precious  metals  can  only  be  exercised  upon 
public  lands,  and,  although  it  carries  with  it  the  incidents  of  the  right,  such 
as  the  use  of  wood  and  water,  those  incidents  also  must  be  of  the  public 
domain.     Tartar  v.  Spring  Creek  W.  &  M.  Co.,  5  Cal.  398. 

7.  The  presumption  of  a  grant  from  the  Government,  of  mines,  water 
privileges,  and  the  like,  is  to  the  first  appropriator ;  but  such  a  presumption 
can  have  no  place  for  consideration  against  the  superior  proprietor.     Boggs 
v.  Merced  M.  Co.,  14  Cal.  375  ;  Henshaw  v.  Clark,  14  Id.  464. 


CONVEYANCE  OF  MINING  CLAIMS. 
AN  ACT  to  provide  for  the  Conveyance  of  Mining  Claims. 

[Passed  April  13th,  I860.— Wood's  Dig.  p.  896  ;  Stat.  1860,  p.  175.] 

SECTION  1.  Conveyances  of  mining  claims  may  be  evi- 
denced by  bills  of  sale  or  instruments  in  writing  not  under 
seal,  signed  by  the  person  from  whom  the  estate  or  interest  is 
intended  to  pass,  in  the  presence  of  one  or  more  attesting 
witnesses ;  and  also  all  conveyances  of  mining  claims  hereto- 


MINING  LAWS   OF   CALIFORNIA.  43 

fore  made  by  bills  of  sale  or  instruments  of  writing,  not  under 
seal,  shall  have  the  same  force  and  effect  as  prima  facie  evi- 
dence of  sale,  as  if  such  conveyances  had  been  made  by  deed 
under  seal ;  provided,  that  nothing  in  this  act  shall  be  con- 
strued to  interfere  with  or  repeal  any  lawful  local  rules,  regu- 
lations, or  customs  of  the  mines  in  the  several  mining  districts 
of  this  State  ;  and  provided,  further,  every  such  bill  of  sale 
or  instrument  in  writing  shall  be  deemed  and  held  to  be 
fraudulent  and  void  as  against  all  persons  except  the  parties 
thereto,  unless  such  bill  of  sale  or  instrument  in  writing  be 
accompanied  by  an  immediate  delivery  to  the  purchaser  of 
the  possession  of  the  mining  claim  or  claims  therein  described, 
and  be  followed  by  an  actual  and  continued  change  of  the 
possession  thereof,  or  unless  such  bill  of  sale  or  instrument  in 
writing  shall  be  acknowledged  and  recorded  as  required  by 
law  in  the  case  of  conveyances  of  real  estate. 

SEC.  2.  This  act  shall  apply  to  gold  mining  claims  only. 
(This  section  was  repealed  by  Act  of  March  2Qth,  1863 — 
Stat.  1863,  p.  98.) 

Conveyances  of  Mining  Claims,  etc. 

1.  A  bill  of  sale,  not  under  seal,  is  insufficient  to  convey  a  mining  claim. 
McCarron  v.  0' Connell,  7  Cal.  152. 

[The  act  of  April  13,  1860,  permits  bills  of  sale  of  mining  claims,  without 
seal,  to  pass  title.] 

2.  A  bill  of  sale  for  a  mining  claim,  not  under  seal,  and  without  warranty, 
which  only  purports  to  convey  the  right  and  title  of  the  vendor,  will  not 
pass  the  title,  although  the  vendor  is  in  possession  at  the  time,  if  such  pos- 
session is  without  title.     It  only  passes  an  equity  which  is  subject  to  the 
legal  title  or  a  superior  equity.     Clark  v.  McElvy,  11  Cal.  154. 

3.  A  written  conveyance  is  not  necessary  to  the  transfer  of  a  mining 
claim.     Table  Mountain  Tunnel  Co.  v.  Stranahan,  20  Cal.  198. 

4.  The  right  to  mining  ground,  acquired  by  appropriation,  rests  upon  pos- 
session only ;  and  rights  of  this  character,  not  amounting  to  an  interest  in 
the  land,  are  not  within  the  statute  of  frauds,  and  no  conveyance  other  than 
a  transfer  of  possession  is  necessary  to  pass  them.     Id. 

5.  A  writing  is  not  necessary  to  vest  or  divest  title  on  taking  up  a  mining 
claim.     The  right  of  the  miner  comes  from  the  mere  appropriation  of  the 
claim  made  in  accordance  with  the  mining  rules  and  customs  of  the  vicinage. 
The  title  is  in  the  Government,  and  the  right  to  mine  is  by  its  permission  to 
the  appropriator.     Gore  v.  McBrayer,  18  Cal.  582. 


44  MINING  LAWS   OF   CALIFORNIA. 

6.  The  statute  of  frauds,  requiring  an  instrument  in  writing  to  create  an 
interest  in  land,  does  not  apply  to  taking  up  of  mining  claims.     A  mere 
verbal  authority  to  one  man  to  take  up  a  claim  for  another  is  sufficient.    No 
title  is  divested  out  of  the  Government,  but  a  right  of  entry  given  under  it. 
Id. 

7.  Mining  claims  are  real  estate  within  the  code  defining  the  venue  of 
civil  actions.      Watts  v.  White,  13  Cal.  324. 

8.  Upon  questions  as  to  the  occupancy  of  public  mineral  land,  it  seems 
that  a  transfer  of  the  occupant's  right  of  possession  may  as  well  be  by 
simple  agreement  as  by  deed,  the  vendee  taking  possession.     Jackson  v.  F. 
River  and  Gibsonville  W.  Co.,  14  Cal.  22. 

9.  From  an  early  period  of  our  State's  jurisprudence  we  have  regarded 
claims  to  public  mineral  lands  as  titles.     Merritt  v.  Judd,  14  Cal.  64. 

10.  The  owner  of  a  mining  claim  has,  in  effect,  a  good  vested  title  to  the 
property,  until  divested  by  the  higher  right  of  his  superior  proprietor.     He 
is  entitled  to  all  the  remedies  for  the  protection  of  his  mine  that  he  could 
claim  if  he  were  the  owner  against  all  the  world,  except  the  true  owner. 
Merced  Mining  Co.  v.  Fremont,  7  Cal.  317. 

11.  The  purchaser  of  a  mining  claim  can  only  acquire  such  right  or  title 
as  his  vendor  had  at  the  time  of  sale.      Waring  v.  Crow,  11  Cal.  366. 

12.  Where  parties  conveyed  to  H.  one-third  interest  in  the  lead,  by  deed 
purporting  to  convey  in  the  fee  simple  absolute,  and  subsequently  acquired 
another  title  :  held,  that  such  subsequent  acquisition  inured  to  JI.'s  benefit. 
Hitchens  v.  Nougues,  11  Cal.  28. 

13.  A  bill  of  sale  of  a  mining  claim  is  sufficiently  proven  when  the  hand- 
writing of  the  subscribing  witness,  who  is  absent  from  the  State,  and  the 
execution  by  the  vendor  are  proven.     It  is  no  objection  to  such  bill  of  sale 
that  it  is  not  under  seal,  whatever  may  be  the  effect  of  it  as  evidence.   Jack- 
son v.  Feather  River  Water  Co.,  14  Cal.  22. 

Conveyance  to  and  by  Corporation  Seal. 

1.  A  conveyance  that  would  come  within  the  statute  of  frauds  if  made  by 
an  individual,  if  made  by  a  corporation  would  be  liable  to  the  same  con- 
struction, and  if  void  in  the  former  case  would  be  void  in  the  latter.     Such 
conveyance  will  not  affect  the  lien  of  a  judgment  regularly  obtained  against 
the  grantor.     Smith  v.  Morse,  2  Cal.  524. 

2.  Where  the  owners  of  a  mining  claim,  previously  located  by  themselves 
and  others,  became  incorporated,  and  placed  the  corporation  thus  formed  in 
possession  of  the  claim  as  their  successor  in  interest,  with  the  evident  in- 
tention that  whatever  rights  the  unincorporated  individuals  had  should  pass 
to  the  corporation :  held,  that  the  title  to  the  claim  passed  to  the  corporation 
as  effectually  as  it  would  if  the  transfer  had  been  accompanied  by  a  convey- 
ance in  writing.     Table  M.  T.  Co.  v.  Stranahan,  20  Cal.  198. 

3.  A  conveyance  of  real  property  by  a  corporation  must  be  under  its  cor- 
porate seal.     It  may  alter  its  seal  at  pleasure,  and  may  adopt  as  its  own  the 
private  seal  of  an  individual,  but  in  the  latter  case  the  seal  adopted  must  be 
used  as  that  of  the  corporation.     Richardson  v.  Scott  River  W.  &  M.  Co., 
22  Cal.  150. 


MINING   LAWS   OF   CALIFORNIA.  45 

4.  If  to  a  deed,  purporting  to  be  that  of  a  corporation,  a  seal  be  affixed 
as  that  of  the  individual  agent  who  signs  it,  such  seal  cannot  be  treated  as 
that  of  the  corporation.     A  declaration  in  the  instrument  that  the  seal  is 
affixed  as  that  of  the  agent  is  conclusive  of  its  character  and  effect.     Id. 

5.  It  is  not  necessary  to  state  in  a  conveyance  by  a  corporation  that  the 
seal  used  is 'that  of  the  corporation.     This  fact  may,  in  the  absence  of  any 
declaration  to  the  contrary,  be  presumed  from  the  language  of  the  convey- 
ance or  proved  by  evidence  aliunde.     Id. 

6.  A  mortgage,  made  in  connection  with  a  bond  to  secure  the  debt  of  a 
corporation,  styled  the  Scott  River  Water  and  Mining  Company,  named  as 
parties  of  the  first  part  (grantors),  W.  P.  Pool,  C.  W.  Tozer,  G.  T.  Terry, 
and  J.  Reid,  "  President,  Directors,  and  members  of  the  Scott  River  Water 
and  Mining  Company,"  and  concluded  as  follows  :  "  In  witness  whereof,  the 
said  parties  of  the  first  part  hereunto  set  their  hands  and  affix  their  seals," 
followed  by  the  signatures  of  the  four  persons  above  named  with  a  seal  or 
scrawl  affixed  to  each :  held,  that  this  conveyance  was  not  sealed  with  the 
corporate  seal,  and  was  therefore  inoperative  as  the  foundation  of  any  right 
or  claim  to  the  corporate  property  which  it  purported  to  convey.     Id. 


LIMITATION  OF  ACTIONS. 

AN  ACT  supplementary  to  the  Act  entitled  "  An  Act  to 
amend  an  Act  defining  the  Time  for  commencing  Civil 
Actions" passed  April  22d,  1850,  approved  April  18£A, 
1863. 

[Approved  February  18th,  1864— Stat.  1863-4,  p.  91.] 

SECTION  1.  No  action  for  the  recovery  of  property  in 
'mining  claims,  or  for  the  recovery  of  the  possession  thereof, 
shall  be  maintained  unless  it  appears  that  the  plaintiff,  his 
ancestor,  predecessor,  or  grantor,  was  seized  or  possessed 
of  the  premises  in  question  within  two  years  before  the  com- 
mencement of  the  action. 

SEC.  2.  No  cause  of  action  or  defense  to  an  action  founded 
upon  the  title  to  property  in  mining  claims,  or  to  the  rents  or 
profits  out  of  the  same,  shall  be  effectual  unless  it  appear 
that  the  person  prosecuting  the  action  or  making  the  defense, 
or  under  whose  title  the  action  is  prosecuted  or  the  defense  is 
made,  or  the  ancestor,  predecessor,  or  grantor  of  such  per- 
son was  seized  or  possessed  of  the  premises  in  question  within 


46  MINING   LAWS    OF   CALIFORNIA. 

two  years  before  the  commencement  of  the  act  in  respect  to 
which  such  action  is  prosecuted  or  defense  made. 

SEC.  3.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

Jurisdiction. 

1.  Although  the  jurisdiction  of  mining  claims  is  given  to  Justices'  Courts, 
yet  if  the  amount  in  controversy  is  above  two  hundred  dollars,  the  District 
Court  has  jurisdiction.     No  statute  can  deprive  the  latter  Court  of  the  juris- 
diction confirmed  and  defined  by  the  Constitution.     Hicks  v.  jBell,  3  Cal.  224. 

2.  In  a  suit  brought  by  one  of  the  partners  in  a  mining  company  against 
the  company  to  recover  his  share,  which  had  been  sold  for  an  alleged  non- 
payment of  an  assessment,  and  also  to  recover  the  sum  of  his  proportionate 
share  of  the  gold  taken  out  by  the  said  company,  the  District  Court  has 
jurisdiction.     Schulper  v.  Evans,  4  Cal.  212. 

3.  Where  the  complaint  in  an  action  to  recover  possession  of  a  mining 
claim  in  a  Justice's  Court  contains  an  allegation  of  injury  done  and  a  prayer 
for  damages,  the  latter  should  be  disregarded  or  stricken  out,  and  the  plaint- 
iff be  allowed  to  try  his  right  to  the  claim.      Van  Etten  v.  Jilson,  6  Cal.  19. 

4.  Justices  of  the  Peace  have  no  jurisdiction  in  actions  to  recover  dam- 
ages in  a  sum  over  two  hundred  dollars  for  injury  to  a  mining  claim  or  for 
its  detention.      Van  Etten  v.  Jilson,  6  Cal.  19  ;  Small  v.  Gwinn,  6  Id.  449  ; 
Freeman  v.  Powers,  7  Id.  105. 


ACTIONS    RESPECTING    MINING    CLAIMS. 

AN  A  CT  amendatory  and  supplementary  to  the  Act  entitled 
"An  Act  to  regulate  Proceedings  in  Civil  Cases  in  Courts 
of  Justice  of  this  State." 

[Passed  May  15th,  1854;  Stat.  1854,  p.  72;  Stat.  1855,  p.  199;  Wood's 
Digest,  p.  248.] 

SEC.  63.  In  actions  respecting  miners'  claims  in  a  Justice's 
Court,  the  Justice  shall  have  power  upon  application  of  the 
party  out  of  possession  of  the  claim  or  claims,  after  notice  of 
one  day  to  the  adverse  party,  to  appoint  a  receiver  of  the 
proceeds  of  the  claim  pending  the  action.  If  the  parties 
agree  upon  a  person,  he  shall  be  appointed  such  receiver ;  if 
the  parties  do  not  agree,  the  Justice  shall  appoint  a  receiver, 
who  shall  take  an  oath,  which  shall  be  filed  with  the  Justice, 


MINING   LAAVS   OF   CALIFORNIA.  47 

that  he  is  not  interested  in  the  action  between  the  parties,  and 
that  he  will  honestly  keep  an  account  of  all  gold  dust,  or  met- 
als of  any  kind,  the  proceeds  of  the  claim  or  claims  in  dispute. 
After  the  appointment  of  such  receiver,  the  Justice  shall  have 
power  to  issue  a  written  order  to  any  Sheriff  or  Constable  to 
put  such  receiver  into  possession  of  such  claim,  which  order 
said  Sheriff  or  Constable  shall  execute,  and  the  receiver  shall 
remain  in  possession  of  the  claim  or  claims  so  long  as  said 
action  may  remain  undetermined  in  any  Court.  The  Court 
in  which  the  action  may  be  pending  shall  have  authority,  upon 
the  application  of  either  party  with  two  days'  notice  to  the 
other,  from  time  to  time,  to  make  such  orders  for  the  disposi- 
tion of  the  proceeds  of  such  claim  or  claims  for  the  safety  of 
the  same  as  may  seem  proper.  The  Court  in  which  the  action 
may  be  pending  shall  also  have  power,  upon  application  of 
the  receiver  based  upon  his  affidavit,  to  punish  as  for  contempt 
all  persons  who  have  been  guilty  of  disturbing  the  receiver  in 
the  possession  of  the  claims. 

SEC.  64.  The  receiver  mentioned  in  the  last  section  shall 
keep  an  accurate  account  of  all  the  proceeds  of  the  claim 
pending  action,  and  of  all  amounts  paid  out  for  working  the 
same,  and  shall  retain  the  proceeds  and  pay  the  same  over 
pursuant  to  the  order  of  the  Court.  The  receiver  shall  also 
be  required,  on  demand  of  either  party,  to  give  security  for 
the  faithful  performance  of  his  trust,  and  shall  be  allowed  for 
the  same  a  reasonable  compensation,  to  be  paid  out  of  the 
proceeds  of  the  claim  in  his  hands,  but  in  no  case  exceeding 
ten  per  cent,  upon  such  proceeds. 


AN  ACT  to  regulate  Proceedings  in  Civil  Cases  in  the 

Courts  of  Justice  of  this  State. 

Section  621  provides  that  "  In  actions  respecting  mining 
claims,  proofs  shall  be  admitted  of  the  customs,  usages,  or 


48  MINING   LAWS   OF   CALIFORNIA. 

regulations  established  and  in  force  at  the  bar  or  diggings 
embracing  such  claim ;  and  such  customs,  usages,  or  regula- 
tions, when  not  in  conflict  with  the  Constitution  and  laws  of 
this  State,  shall  govern  the  decision  of  the  action." 

Customs. 

1.  The  code  permits  evidence  of  the  customs  established  in  mining  claims, 
which  implies  a  permission  on  the  part  of  the  State  to  the  miner  to  seek 
whatever  he  choose  in  the  mines  for  the  precious  metals,  and  extends  to 
him  whatever  right  the  State  might  have  to  the  mineral  when  found.  Mc- 
Clintock  v.  Bryden,  5  Cal.  100. 


2.  The  only  question  in  this  case  being,  whether  the  quartz  rock — parted 
or  not  from  its  original  connection — was  a  portion  of  the  same  quartz  ledge 
or  claim  taken  up  by  defendant ;  it  was  not  important  whether  the  rock  was 
upon  or  beneath  the  surface,  or  what  its  condition,  provided  it  were  a  part 
of  such  ledge  or  claim.     In  cases  of  this  kind,  the  custom  of  miners  is 
entitled  to  great,  if  not  controlling  weight.     Brown  v.  '49  and  '56  Quartz 
Mining  Co.,  15  Cal.  160. 

3.  Under  certain  circumstances,  proof  of  the  customs  in  other  districts 
may  be  proper — at  least,  this  Court  is  not  satisfied  to  the  contrary.     But  in 
this  case,  the  admission  of  such  testimony,  if  error,  was  immaterial,  as  the 
case  was  tried  by  the  Court,  and  the  judgment  placed  on  independent 
ground,  upon  which  it  can  stand.     Id.     See  also  Table  M.  T.  Co.  v.  Stran- 
ahan,  20  Cal.  198. 

Bules. 

1.  The  mode  of  acquiring  and  the  extent  of  a  mining  claim  must  be  in  con- 
formity to  the  local  rules  of  miners ;  but  query,  can  the  local  regulations 
alter  the  general  rules  of  holding  property  ?     Dutch  Flat  W.  Co.  v.  Mooney, 
12  Cal.  534. 

2.  In  suit  for  mining  claims,  the  Court  permitted  defendants  to  introduce 
in  evidence  the  mining  rules  of  the  district,  though  adopted  after  the  rights 
of  plaintiffs  had  attached:  held,  that  admitting  plaintiff's  rights  could  not 
be  affected  by  such  rules,  still,  as  defendants  claimed  under  them,  they 
were  competent  evidence  to  determine  the  nature  and  extent  of  defendants' 
claim — the  effect  of  such  rules  upon  preexisting  rights  being  sufficiently 
guarded  by  instructions  of  the  Court.     Roach  v.  Gray,  16  Cal.  383. 

3.  Miners  have  the  power  to  prescribe  the  rules  governing  the  acquisition 
and  divestiture  of  titles  to  this  class  of  claims  and  their  extent,  subject  only 
to  the  general  laws  of  the  State.     English  v.  Johnson,  17  Cal.  107. 

4.  In  this  case :  held,  that  the  defendant  could  not  offer  in  evidence  an 
extract  or  a  single  clause  of  a  book  containing  the  mining  rules,  but  must 
offer  the  whole  book — the  book  being  in  Court  and  in  possession  of  defend- 
ant, and  it  being  necessary  to  a  fair  understanding  of  any  one  part,  that  the 
whole  should  be  inspected.     Id. 

5.  Plaintiffs  here — three  in  number — claiming  by  purchase  and  location, 
defendant  offers  to  show  that  one  of  the  plaintiffs  had  admitted,  years  ago, 
that  he  had  more  than  five  claims :  held,  that  the  evidence  was  properly 
ruled  out,  its  relevancy  not  being  shown.     Id. 


MINING   LAWS    OF   CALIFORNIA.  49 

6.  The  quantity  of  ground  a  miner  can  claim  by  location  or  prior  appro- 
priation for  mining  purposes  may  be  limited  by  the  mining  rules  of  the 
district.     Prosser  v.  Parks,  18  Cal.  47. 

7.  The  mining  rules  of  the  district  cannot  limit  the  quantity  of  ground  or 
the  number  of  claims  a  party  may  acquire  by  purchase.     Id. 

8.  The  fact  that  mining  laws  and  regulations  were  passed  on  a  different 
day  from  that  advertised  for  a  meeting  of  miners,  does  not  invalidate  them. 
Courts  will  not  inquire  into  the  regularity  of  the  modes  in  which  these  local 
legislatures  or  primary  assemblages  act.     They  must  be  the  judges  of  their 
own  proceedings.     It  is  sufficient  that  the  miners  agree — whether  in  public 
meeting  or  after  due  notice — upon  their  local  laws,  and  that  these  are  recog- 
nized as  the  rules  of  the  vicinage,  unless  fraud  be  shown,  or  other  like  cause 
for  rejecting  the  laws.     Gore  v.  McBrayer,  18  Cal.  582. 

Record. 

1.  The  question  as  to  the  necessity  of  recording  mining  claims,  reserved. 
Partridge  v.  NcKinney,  13  Cal.  159. 

2.  In  the  absence  of  any  mining  rule  declaring  that  a  failure  to  record  a 
claim  avoids  the  entry  or  claim,  a  party  may  take  actual  possession  of 
mineral  land,  though  in  taking  possession  he  does  not  observe  the  require- 
ments as  to  registry,  and  the  like  acts  prescribed  by  the  local  laws.     But  if 
he  take  more  land  than  these  rules  allow,  this  would  not  give  him  title  to 
the  excess  against  any  one  subsequently  entering,  who  complies  with  the 
laws,  and  takes  up  such  excess  in  accordance  with  them.     English  v,  John- 
ion,  17  Cal.  107. 

Location. 

1.  One  party  may  locate  ground  in  the  mineral  districts  for  fluming  pur- 
poses, and  another  party  may  locate  the  same  ground  for  mining  purposes ; 
the  two  locations  will  not  conflict,  being  for  different  purposes.     O'Keiffe  v. 
Cunningham,  9  Cal.  589. 

2.  A  party  may  take  up  a  claim  for  mining  purposes,  that  has  been,  and 
still  is,  used  as  a  place  of  deposit  for  tailings  by  another,  and  his  mining 
right  may  be  subject  to  this  prior  right  of  deposit ;  but  this  claim  of  the 
miner  will  not  be  subject  to  those  who  come  after  him.     Id. 

3.  A  misdescription  in  the  notice  of  the  claimant  to  a  quartz  lead,  posted 
up  near  the  premises,  in  pursuance  of  the  mining  laws  of  the  district  in 
which  the  lead  is  situated,  and  where  the  lead  is  under  ground  and  unde- 
veloped, will  not  vitiate  the  claim.     Johnson  v.  Parkes,  10  Cal.  446. 

4.  In  this  case  the  Court  instructed  the  jury:  1st,  that  if  they  found 
plaintiffs  located  their  claims,  as  now  claimed,  before  the  location  of  defend- 
ants' claim,  then  they  should  find  for  plaintiffs ;  and  2d,  if  they  found  that 
defendants  never  located  any  claim  adjoining  plaintiffs'  claim,  then  they 
should  find  for  plaintiffs :  held,  that  the  instructions  are  wrong,  as  violating 
the  principle  that  plaintiff  must  recover  on  the  strength  of  his  own  title ; 
that  defendants,  having  been  in  actual  possession  for  a  long  time,  were  not 
required  to  show  anything  beyond  it  until  a  prior  and  paramount  right  was 
shown  in  plaintiffs ;  that  it  was  not  essential  to  defendants'  possession  to 
show  that  they  had  ever  formally  located  their  claim,  in  accordance  with 
any  mining  regulations,  or  that  they  had  or  claimed  any  other  mining 
ground.     Penn.  M.  Co.  v.  Owens,  15  Cal.  186. 

4 


50  MINING   LAWS    OF   CALIFORNIA. 

5.  The  first  locator  of  a  quartz  ledge  is  not  confined  simply  to  the  solid 
quartz  actually  embodied  in  the  bed  rock,  but  is  entitled  to  the  loose  quartz 
rock  and  decomposed  material  which  were  once  a  part  of  the  ledge  and  are 
now  detached,  so  far  as  the  general  formation  of  the  ledge  can  be  traced. 
Brown  v.  '49  and  '56  Quartz  Mining  Co.,  15  Cal.  160. 

6.  The  right  of  the  quartz  miner  comes  from  his  appropriation,  and  when- 
ever his  claim  is  defined  there  is  no  reason  in  the  nature  of  things  why  the 
appropriation  may  not  as  well  take  effect  upon  quartz  in  a  decomposed  state 
as  any  other  sort,  or  why  the  condition  to  which  natural  causes  may  have 
reduced  the  rock,  should  give  character  to  the  title  of  the  locator.     Id. 

7.  A  mining  claim  must  be  in  some  way  defined  as  to  limits,  before  the 
possession  of  the  work  upon  part  gives  possession  to  any  more  than  the  part 
so  possessed  or  worked.     But  when  the  claim  is  defined,  and  the  party 
enters  in  pursuance  of  mining  rules  and  customs,  the  possession  of  part  is 
the  possession  of  the  entire  claim.     Atwood  v.  Fricot,  17  Cal.  27. 

8.  Where  G.,  McB.,  and  others  verbally  agreed  to  prospect  for  quartz, 
and  to  be  equally  interested  in  claims  taken  up,  and  McB.  discovered  a  lead 
or  claim  and  located  it  by  putting  up  a  written  notice  with  G.'s  name  and 
others  on  it,  appropriating  the  lead :  held,  that  G.'s  right  attached  by  these 
proceedings,  and  could  not  be  divested  by  the  mere  act  of  McB.  in  taking 
down  the  notice  and  putting  up  other  notices  with  other  names.     Gore  v. 
McBrayer,  18  Cal.  582. 

9.  After  the  notice  was  put  up,  G.  became  a  tenant  in  common  of  the 
mine,  and  not  a  partner,  and  could  bring  an  action  to  vindicate  his  title 
against  McB.  or  any  one  who  excluded  him  or  denied  his  right.     Id. 

10.  The  usual  mode  of  taking  up  mining  claims  is  to  put  upon'  the  claim 
a  written  notice  that  the  party  has  located  it ;  and  this  taking  up  and  giving 
notice  may  be  done  by  a  party  personally,  or  by  any  one  for  him,  or  with 
his  assent  or  approval ;  and  whenever  the  appropriation  is  made  by  an  agent 
having  authority  from  a  principal  to  make  it,  the  act  is  complete,  and  the 
title  vests  in  the  principal,  and  the  agent  by  his  mere  act  cannot  subse- 
quently divest  it.     Id. 

11.  Although  mining  ground  may  be  located  in  the  absence  of  local 
regulations,  yet  the  extent  of  such  location  is  not  without  limit.    The  quan- 
tity taken  must  be  reasonable  :    and  whether  it  be  so  or  not,  will  be  deter- 
mined in  such  cases  by  the  general  usages  and  customs  prevailing  upon  the 
subject.    If  an  unreasonable  quantity  be  included  within  the  boundaries,  the 
location  will  not  be  effectual  for  any  purpose,  and   possession   under  it 
will  only  extend  to  the  ground  actually  occupied.    Table  M.  T.  Co.  v.  Stran- 
ahan,  20  Cal.  198 ;  21  Id.  548. 

12.  Upon  the  question  of  reasonableness  of  the  extent  of  a  mining  location, 
a  general  custom,  whether  existing  anterior  to  the  location  or  not,  may  be 
given  in  evidence ;  but  a  local  rule  stands  upon  a  different  footing,  and  can- 
not be  introduced  to  affect  the  validity  of  a  claim  acquired  previous  to  its 
establishment.    Id. 

"Work. 

1.  Where  the  regulations  of  a  mining  locality  require  that  every  claim 
shall  be  worked  two  days  in  every  ten,  the  efforts  of  the  owner  of  a  claim  to 
procure  machinery  for  working  the  claim  are,  by  fair  intendment,  to  be  con- 


MINING  LAWS   OF   CALIFORNIA.  51 

eidered  as  work  done  on  the  claim.  So,  also,  in  working  on  adjoining  land 
in  constructing  a  drain  to  enable  the  owner  to  work  the  claim.  Packer  v. 
Heaton,  9  Cal.  568. 

2.  Work  done  outside  of  a  mining  claim,  with  the  intent  to  work  the 
claim,  to  be  considered  by  intendment  as  work  done  on  the  claim,  must 
have  direct  relation  and  be  in  reasonable  proximity  to  it.     McGarrity  v. 
Byington,  12  Cal.  432. 

3.  Going  on  the  lead  to  work  it,  or  even  work  done  in  proximity  and  in 
direct  relation  to  the  claim,  for  the   purpose  of  extracting  or  preparing  to 
extract  minerals  from  it — as,  for  example,  starting  a  tunnel  a  considerable 
distance  off  to  run  into  the  claim — would  be  a  possession  of  the  claim  within 
the  meaning  of  the  rule.     English  v.  Johnson,  17  Cal.  107. 

Forfeiture  and  Abandonment. 

1.  Mining  laws,  when  introduced  in  evidence,  are  to  be  construed  by  the 
Court,  and  the  question  whether  by  virtue  of  such  laws  a  forfeiture  had 
occurred,  is  a  question  of  law,  and  cannot  be  properly  submitted  to  a  jury. 
Fairbank  v.  Woodhouse,  6  Cal.  433. 

2.  In  an  action  for  a  mining  claim,  when  the  defendants  asked  for  an  in- 
struction to  the  jury  "  that  if  the  plaintiff  had  abandoned  the  claim,  and  did 
not  intend  to  return  and  work  it  before  the  commencement  of  the  suit  he 
could  not  recover,"   and  the  Court  gave  the  instruction  "  subject  to  the 
seventeenth  section  of  the  Statute  of  Limitations :"  held,  that  the  qualifica- 
tion of  the  instruction  was  error.     Davis  v.  Sutler,  6  Cal.  511. 

3.  A  party  after  having  abandoned  his  claim  will  not  be  permitted  to  come 
in  within  the  time  allowed  by  the  statute  for  commencing  civil  actions,  and 
reassert  or  resume  his  former  interest  to  the  prejudice  of  those  who  may 
have  afterwards  appropriated  it.     Id. 

4.  Where  the  Court  instructed  the  jury,  that,  "  where  an  abandonment  is 
sought  to  be  established  by  the  act  of  the  party,  the  intention  alone  gov- 
erns ;  and,  if  such  party  leave  a  mining  claim  with  the  intention  not  to 
return,  his  abandonment  is  as  complete,  if  it  exist  for  a  minute  or  a  second, 
as  though  it  continued  for  years ;  but  if  he  left  with  the  intention  of  return- 
ing, he  might  do  so  at  any  time  within  five  years ;  provided,  there  was  no 
rule,  usage,  or  custom  of  miners,  of  such  notorious  character  as  to  raise  a 
presumption  of  an  intention  to  abandon;"  the  question  of  abandonment 
was  fairly  left  to  the  jury.      Waring  v.  Crow,  11  Cal.  366. 

5.  Where  a  party's  rights  to  a  mining  claim  are  fixed  by  the  rules  of 
property,  which  are  a  part  of  the  general  law  of  the  land,  they  cannot  be 
divested  by  any  mere  neighborhood  custom  or  regulation.     Id. 

6.  In  the  absence  of  any  custom  or  local  regulation,  the  right  of  property 
once  attached  in  a  mining  claim,  does  not  depend  upon  mere  diligence  in 
working  such  claim.     The  failure  to  comply  with  any  one  mining  regulation 
is  not  a  forfeiture.     McGarrity  v.  Byington,  12  Cal.  426. 

7.  In  an  action  of  ejectment  to  recover  mining  claims,  an  answer  to  the 
complaint  which  avers  "  that  any  rights  plaintiff  may  have  had,  etc.,  have 
been  forfeited  by  a  non-compliance  with  the  rules  of  the  miners  in  the  dig- 
gings embracing  the  claims  in  dispute  prior  to  defendant's  entry,"  is  insuffi- 
cient in  not  setting  forth  the  rules,  customs,  etc.     Dutch  Flat  Co.  v.  Moony, 
19  Cal.  534. 


52  MINING  LAWS   OF  CALIFORNIA. 

Possession— Evidence  of  Title,  etc. 

1.  Actual  possession  of  a  portion  of  a  mining  claim,  according  to  the  cus- 
tom of  miners,  in  a  given  locality  in  the  Yuba  River,  extends  by  construc- 
tion to  the  limits  of  the  claim  held  in  accordance  with  such  customs.    Hicks 
v.  Bell,  3  Cal.  224. 

2.  In  a  controversy  between  two  mining  companies,  it  was  competent  to 
prove  the  execution  of  certain  receipts  for  water  purchased  by  the  plaintiffs, 
as  tending  to  show  the  existence  of  the  company,  and  that  it  had  actually 
located  and  was  in  operation  at  the  time  the  receipts  purport  to  be  signed. 
Lone  Star  Co.  v.  West  Point  Co.,  5  Cal.  447. 

3.  A  prior  locator  of  a  mining  claim  on  the  banks  of  a  stream  has  the 
right  to  the  use  of  the  bed  of  the  stream  for  fluming  or  working ;  and  a 
subsequent  erection,  which  will  hinder  the  working  of  the  claim,  is  an  en- 
croachment upon  his  rights  and  the  subject  of  damages.     Sims  v.  Smith,  7 
Cal.  148. 

4.  A  writ  of  injunction  will  issue  to  restrain  trespass  in  entering  on  a 
mining  claim  and  removing   auriferous   quartz   from  it,  where  the  injury 
threatens  to  be  continuous  and  irreparable.     Merced  M.  Co.  v.  Fremont.  7 
Cal.  317. 

5.  The  removal  of  gold  from  a  mine  is  taking  away  the  entire  substance 
of  the  estate,  and  comes  within  that  class  of  trespass  in  which  injunctions 
are  universally  granted.     Id. 

6.  In  an  action  of  ejectment  to  recover  an  undivided  interest  in  a  mining 
claim,  it  is  not  necessary  to  make  parties  defendants  who  are  in  possession 
holding  other  undivided  interests,  and  who  claim  no  right  to  the  interest 
sued  for.      Waring  v.  Crow,  11  Cal.  366. 

7.  Possession  of  one  partner  or  tenant  in  common  of  a  mining  claim,  is 
the  possession  of  all.     Id. 

8.  A  book  in  which  claims  are  recorded  by  resolution  of  the  miners  of  a 
district,  may  be  admitted  in  evidence  in  an  ejectment  suit  for  a  mining 
claim.     McGarrity  v.  Byinglon,  12  Cal.  426. 

9.  A  copy  of  a  notice  posted  on  a  mining  claim  to  show  its  extent,  is  not 
admissible  in  evidence,  if  the  notice  itself  be  attainable.     Such  evidence  is 
secondary,  and  is  admissible  only  upon  the  terms  which  control  its  introduc- 
tion in  other  cases.     Lornbardo  v.  Ferguson,  15  Cal.  373. 

10.  Ejectment  for  mining  ground,  the  parties  being  owners  of  claims  on 
opposite  sides  of  the  same  hill.     Plaintiffs  were  an  ordinary  joint  stock  com- 
pany, or  common  partnership,  and  claimed  by  purchase  and  transfer  from 
the  original  members  of  the  company.     The  practice  of  the  company  was  to 
issue  to  members  certificates  of  stock,  and  those  certificates  constituted  the 
only  evidence  of  membership  recognized  by  the  company,  transfers  being 
made  by  an  assignment  of  the  certificates,  and  a  notice  thereof  in  the  books 
of  the  company.     On  the  trial,  these  certificates  with  the  assignments  were 
read  in  evidence  by  plaintiffs,  to  show  their  interest  in  the  ground  and  their 
right  to  maintain  the  action,  defendants  objecting  to  them  on  the  ground  of 
irrelevancy,  and.that  their  execution  was  not  proved :  held,  that  the  certifi- 
cates, etc.,  were  relevant  to  show  possession  in  plaintiffs,  but  that  their  exe- 
cution should  have  been  proven.     Pennsylvania  Mining  Co.  v.  Owens,  15 
Cal.  136. 


MINING   LAWS   OF   CALIFORNIA.  53 

11.  Defendant  killed  deceased  while  in  the  act  of  injuring  a  mining  claim. 
On  the  trial  defendant  offered  to  show  that  he  was  the  owner,  and  in  the 
lawful  possession  of  said  claim  at  the  time  of  the  killing.     The  Court  refused 
testimony  to  this  point :  held,  that  defendant  had  a  right  to  prove  his  owner- 
ship of  the  claim  for  the  purpose  of  showing  his  mental  condition,  the  mo- 
tives which   prompted    his  action,  and  determining  the  character  of  the 
offense ;  that  the  ownership  was  part  of  the  res  gestce,  and  should  have  been 
admitted,  subject  to  instructions  of  the  Court  as  to  its  legal  effect,  though 
when  admitted  it  may  not  have  amounted  to  a  justification.     People  v.  Cos- 
tello,  15  Cal.  350. 

12.  Where  in  suit  for  a  mining  claim,  a  plaintiff  in  his  complaint  states 
the  particular  facts  constituting  his  title,  and  on  that  title  seeks  a  recovery, 
and  the  answer  denies  such  title,  plaintiff  must  prove  his  title  as  averred,  at 
least  in  substance,  and  he  cannot  against  defendant's  objection,  recover  on 
another  and  different  title.  And  where  plaintiffs  were  permitted  to  prove  and 
recover  on  a  title  other  than  the  one  set  up,  it  was  error  in  the  Court  below 
•to  refuse  a  new  trial,  the  motion  for  which  was  based  on  affidavit  of  defend- 
ant that  he  was  taken  by  surprise,  arising  out  of  the  frame  of  the  pleadings, 
and  that  he  could  have  rebutted  plaintiff's  case  but  for  this  surprise.  Eagan 
v.  Delaney,  16  Cal.  87. 

13.  Mining  claims  are  held  by  possession,  but  that  possession  is  regulated 
and  defined  by  usage  and  local  and  conventional  rules ;  and  the  "  actual 
possession  "  which  is  applied  to  agricultural  land,  and  which  is  understood 
to  be  a  possessio  pedis,  cannot  be  required  in  case  of  a  mining  claim,  in  order 
to  give  a  right  of  action  for  the  invasion  of  it.    Ativoodv.  Fricot,  17  Cal.  37. 

14.  So  if  a  party  enters  upon  a  mining  claim  bonafide,  under  color  of  title, 
as  under  a  deed  or  lease,  the  possession  of  part  as  against  any  one  but  the 
true  owner  or  prior  occupant,  is  the  possession  of  the  entire  claim  described 
by  the  paper ;  and  this,  though  the  paper  did  not  convey  the  title.     A  third 
person  could  not  invade  the  possession  of  the  party  taking  it  under  such 
circumstances,  and  set  up  as  against  him  outstanding  title  in  a  stranger  with 
which  he  had  no  connection.     Id. 

15.  The  condition  of  the  possessor  in  such  instances  is  no  worse  than  that 
of  the  occupant  of  other  real  estate,  in  which  the  principle  above  stated 
applies.     But  this  principle  does  not  touch  the  case  of  an  entry  into  pos- 
session in  pursuance  of  mining  rules  and  regulations,  as  for  a  forfeiture  or 
abandonment,  etc.,  but  applies  where  possession  is  taken  independently  of 
such  rules.     Id. 

16.  In  suit  for  damages  for  an  entry  upon  mining  claims,  and  for  perpet- 
ual injunction,  etc. :  held,  that  it  was  error  for  the  Court  below  to  charge  the 
jury  that,  if  they  believed  that  no  injury  or  damage  was  done  by  defendants 
to  plaintiffs,  they  would  find  for  defendants  ;  that  such  charge  was  calculated 
to  mislead,  inasmuch  as  the  law  presumes  damages  from  a  trespass,  and  un- 
der the  charge  the  jury  might  have  decided  the  case  upon  this  want  of  proof 
by  plaintiff's  damages,  instead  of  absence  of  proof  of  their  title.     In  such 
case  the  error  being  apparent,  injury  from  the  charge  to  the  jury  is  pre- 
sumed, unless  respondent  affirmatively  repels  the  presumption.     Id. 

17.  In  suit  for  mining  claims,  the  Court  charged  the  jury,  in  effect,  that 
possession  taken  of  a  mining  claim,  without  reference  to  mining  rules,  was 
sufficient,  as  against  one  entering  by  no  better  title,  to  maintain  the  action ; 
and  further,  that  this  possession  need  not  be  evidenced  by  actual  inclosure, 


54  MINING  LAWS   OF   CALIFORNIA. 

but  "if  the  ground  was  included  within  distinct,  visible,  and  notorious 
boundaries,"  this  was  enough,  against  one  entering  without  title  :  held,  that 
the  instruction  was  right ;  that  though  the  regular  and  usual  way  of  obtain- 
ing possession  of  mining  claims  be  according  to  the  mining  regulations  of 
the  vicinage,  still,  a  possession  not  so  taken  is  good  against  one  taking  pos- 
session in  the  same  way ;  and  that  the  actual  prior  possession  of  the  first 
occupant  would  be  better  than  the  subsequent  possession  of  the  last.  Eng- 
lish v.  Johnson,  17  Cal.  107. 

18.  No  acts  are  required  as  evidence  of  the  possession  of  a  mining  claim 
other  than  those  usually  exercised  by  the  owners  of  such  claims.     A  miner 
is  not  expected  to  reside  on  his  claim,  nor  build  on  it,  nor  cultivate  it,  nor 
inclose  it.     He  may  be  in  possession  by  himself,  or  by  his  agents  or  serv- 
ants.    Id. 

19.  As  to  the  extent  of  a  miner's  possession  where  he  enters  under  a 
written  claim  or  color  of  title,  his  possession,  except  as  against  the  true 
owner  or  prior  occupant,  is  good  to  the  extent  of  the  whole  limits  described 
in  the  paper,  though  the  possession  be  only  of  a  part  of  the  claim.     Id. 

20.  Where  a  claim  is  distinctly  defined  by  physical  marks,  possession 
taken  for  mining  purposes  embraces  the  whole  claim  thus  characterized, 
though  the  actual  occupancy  or  work  done  be  only  on  or  of  a  part,  and 
though  the  party  does  not  enter  in  accordance  with  mining  rules,  or  under  a 
paper  title.     The  rule  which  applies  to  agricultural  lands,  and  holds  to  a 
more  strict  interpretation  of  a  possessio  pedis,  does  not  apply  to  such  a 
case.     Id. 

21.  The  nature  of  the  possession  requisite,  when  applied  to  different  kinds 
of  property,  as  agricultural  lands,  town  lots  covered  with  water,  large  dis- 
tricts where  there  is  no  timber,  etc.,  suggested.     Id. 

22.  Fences  are  not  requisite  around  mining  claims.     The  physical  marks  ' 
upon  and  around  the  claim  are  sufficient  to  notify  every  one  of  the  posses- 
sion and  claim  of  the  possessor ;   and  by  common  understanding  the  going 
upon  a  claim  to  work  it  is  an  appropriation  of  the  entire  claim,  especially  if 
that  claim  can  be  appropriated  to  that  extent  by  location  of  one  man.    Id. 

23.  Query :  Whether,  if  several  distinct  claims  have  been  consolidated 
inte  one,  and  the  rules  of  the  locality  allow  but  one  claim  to  be  taken  by 
one  man,  and  after  this  consolidation  a  person  should  go  upon  the  consoli- 
dated claim  to  work,  without  authority  from  the  owner,  his  possession  might 
not  be  referred  to  the  particular  claim  upon  which  he  entered,  and  not  to 
the  whole  tract ;  and  whether  the  question  might  not  be  one  of  intent ;  and 
whether  the  presumption  would  not  be,  that  he  meant  to  appropriate  only 
the  quantity  allowed  by  the  rules  of  the  vicinage  ?     Id. 

24.  Where  plaintiff  claims,  under  purchase  and  location,  a  small  tract  of 
mineral  land,  with  demarked  limits,  of  which  he  is  in  possession,  and  there 
is  no  proof  on  the  trial  that  the  extent  of  his  claim  is  opposed  to  the  local 
rules,  the  presumption  is  that  his  possession  is  rightful  and  not  wrongful.  Id. 

25.  In  such  case  the  plaintiff  need  not  show,  in  the  first  instance,  that  he 
was  in  possession  in  accordance  with  the  local  laws ;  but  may  (as  a  vendee 
under  a  deed  may  as  to  other  land)  make  a  prima  fade  case,  upon  posses- 
sion ;  and  this  is  enough  until  the  defendant  shows  that  the  possession  is 
wrongful,  because  in  violation  of  rules  which  justify  him  in  going  upon  the 
premises  and  working  them.     Id. 


MINING   LAWS    OF   CALIFORNIA.  55 

26.  Plaintiffs  are  owners  of  mining  claims  located  in  the  bed  of  the  creek, 
and  defendants  own  claims  situated  on  a  hill  in  the  vicinity.     The  refuse 
matter  washed  from  defendants'  claims  is  deposited  on  plaintiffs'  claims,  to 
such  an  extent  as  to  render  the  working  of  them  impracticable.     Plaintiffs' 
claims  were  first  located,  and  are  valuable  only  for  the  gold  they  contain : 
held,  that  plaintiffs  are  entitled  to  damages  for  the  injury  done  their  claims 
by  such  deposit,  and  to  an  injunction  against  the  same  in  future ;  that  the 
enjoyment  of  their  claims  lies  in  the  use  necessary  to  obtain  the  gold,  and 
that  to  interrupt  this  use  is  to  take  away  the  opportunity  to  enjoy,  and  de- 
feat the  object  for  which  they  were  located  and  taken  possession  of.    Logan 
v.  Driscoll,  19  Cal.  623. 

27.  The  rule  qui  prior  est  in  tempore  potior  est  in  jure  applies  in  such 
cases.     Id. 

28.  The  position  that,  so  long  as  the  use  made  by  defendants  of  their 
claims  is  not  in  itself  unlawful,  plaintiffs  cannot  complain  of  its  effect  upon 
them,  is  untenable,  because  no  use  is  lawful  which  precludes  plaintiffs  from 
the  enjoyment  of  their  rights.     Id. 

29.  Possession  of  mining  ground  acquired  by  an  entry  under  a  claim  for 
mining  purposes,  upon  a  tract,  the  bounds  of  which  are  distinctly  defined 
by  physical  marks,  accompanied  with  actual  occupancy  of  a  part  of  the  tract, 
is  sufficient  to  enable  the  possessor  to  maintain  ejectment  for  the  entire 
claim,  although  such  acts  of  appropriation  are  not  done  in  accordance  with 
any  local  mining  rule.     The  exclusion,  therefore,   of  evidence  tending  to 
prove  a  possession  of  this  character,  is  error.     Table  M.  T.  Co.  v.  Strana- 
han,  20  Cal.  198 ;  21  Id.  548. 

30.  The  complaint  charged  that  defendants  had  wrongfully  entered  upon 
a  tract  of  mining  ground  (described  by  metes  and  bounds)  owned  by  the 
plaintiffs,  and  had  extracted  therefrom  gold-bearing  earth  of  the  value  of 
$1,000,  and  that  they  threatened  to  continue  their  wrongful  acts,  and  prayed 
for  damages  in  the  sum  of  $1,000,  and  for  a  perpetual  injunction.     The 
answer  set  up  title  in  defendants  to  a  specific  portion  of  the  tract  claimed 
by  plaintiffs,  and  denied  that  they  had  worked  upon  any  other  portion  than 
that  to  which  they  thus  asserted  title.     The  jury  under  a  general  submission 
found  "  a  verdict  in  favor  of  plaintiffs  with  one  dollar  damages :"  held,  that 
the  verdict  decided  the  question  of  title  in  favor  of  plaintiffs,  and  that  upon 
it  they  were  entitled  to  a  decree  perpetually  enjoining  defendants  from  work- 
ing upon  the  ground  claimed  in  the  complaint ;  that  this  equitable  relief 
was  a  matter  of  right,  the  denial  of  which  by  the  District  Court  was  error. 
McLaughlin  v.  Kelly,  22  Cal.  211. 

31.  The  Court  in  the  case  above  cited  having  instructed  the  jury  that,  if 
they  found  that  plaintiffs  were  entitled  to  the  mining  ground,  they  must  find 
a  verdict  for  $1,000  damages  upon  the  admissions  of  the  answer :  held,  that 
because  the  jury  brought  in  a  verdici  for  one  instead  of  one  thousand  dol- 
lars' damages,  it  was  not  therefore  to  be  concluded,  in  direct  opposition  to 
their  general  verdict,  that  they  did  not  find  the  title  in  the  plaintiffs.     The 
damages  being  admitted  by  the  pleadings  were  not  in  issue,  and  the  verdict 
in  that  respect  was  immaterial.     Id. 

Tailings. 

1.  The  pay  dirt  and  tailings  of  a  miner  which  are  the  productions  of  his 
labor,  are  his  property.     Jones  v.  Jackson,  9  Cal.  237. 


56  MINING   LAWS    OF   CALIFORNIA. 

2.  To  suffer  the  tailings  to  flow  where  they  list,  without  confinement 
within  proper  limits,  is  conclusive  evidence  of  abandonment,  unless  there  is 
some  peculiarity  in  the  locality  which  renders  it  unnecessary  to  raise  any  arti- 
ficial obstructions.     Id. 

3.  If  the  tailings  are  allowed  to  mingle  with  those  of  other  miners,  this 
would  not  give  a  stranger  a  right  to  the  mixed  mass.     Id. 

4.  Where  tailings  are  allowed  to  flow  upon  the  ground  of  another,  he  is 
entitled  to  them.     Id. 

5.  Where  a  place  of  deposit  is  necessary  for  working  a  mine,  the  miner 
has  the  right  to  appropriate  such  ground  as  may  be  necessary  for  this  pur- 
pose, provided,  he  does  not  interfere  with  existing  rights.     His  intention  to 
appropriate  such  ground  must  be  clearly  manifested  by  outward  acts.    Mere 
posting  notices  is  not  sufficient.     He  must  claim  the  place  of  deposit  as 
such,  or  as  a  mining  claim.     Id. 

6.  A  party  may  take  up  a  claim  for  mining  purposes  that  has  been,  and 
still  is,  used  as  a  place  of  deposit  for  tailings  by  another,  and  his  mining 
right  may  be  subject  to  this  prior  right  of  deposit ;  but  this  claim  of  the 
miner  will  not  be  subject  to  those  who  come  after  him.     O'Keiffe  v.  Cun- 
ningham, 9  Cal.  589. 

7.  Plaintiffs  owned  certain  mining  claims  in  the  bed  or  channel  of  a 
stream.     Defendants  owned  claims  in  the  same  stream  above  and  adjoining 
the  claims  of  plaintiffs,  defendants'  claims  being  located  first.     Defendants 
constructed  a  flume,  running  from  their  own  claims  to  and  upon  plaintiffs' 
claims,  and  through  this  flume  a  large  quantity  of  tailings  was  deposited  on 
plaintiffs'  claims,  to  their  great  damage.     The  flume  was  constructed  for  the 
purpose  of  working  defendants'  claims ;  was  proper  and  necessary  for  that 
purpose,  and  the  deposit  of  tailings  was  occasioned  by  the  ordinary  working 
of  the  claims.     The  Court  instructed  the  jury,  that  the  person  first  locating 
a  claim  in  the  bed  of  the  stream  is  entitled  to  the  channel  below  as  an  out- 
let, and  that  when  such  outlet  from  the  usual  mining  operations  above  be- 
come obstructed,  he  may  open  the  same ;  and  if  he  can  do  so  by  no  other 
means,  may  construct  a  flume  down  the  channel  as  far  as  is  necessary,  and 
as  far  as  it  can  be  constructed  without  considerable  damage  to  claims  sub- 
sequently located :  held,  that  the  instruction  was  wrong ;  that  the  defend- 
ants were  not  entitled,  as  matter  of  strict  legal  right,  to  an  easement  upon 
plaintiffs'  claims  for  the  purpose  mentioned ;  that  the  doctrine  that,  under 
certain  circumstance^  one  person  may  have  a  right  of  way  by  necessity  over 
the  land  of  another,  does  not  apply  to  this  case ;  and  further,  that  this 
Court  does  not  recognize  the  doctrine  that  one  person  can  go  on  the  land 
of  another  and  erect  thereon  buildings  or  other  structures ;  and  that  mining 
claims  stand  on  the  same  footing  in  this  respect  as  other  property ;  that,  if 
the  acts  of  defendants  were  authorized  by  any  local  custom  or  regulation, 
its  existence  should  have  been  averred  and  proved.     Esmond  v.  Chew,  15 
Cal.  142. 

8.  Each  person  mining  in  the  same  stream  is  entitled  to  use,  in  a  proper 
and  reasonable  manner,  both  the  channel  of  the  stream  and  the  water  flow- 
ing therein.     Where,  from  the  situation  of  different  claims,  the  working  of 
some  will  necessarily  result  in  the  injury  of  others,  if  the  injury  be  the  nat- 
ural and  necessary  consequence  of  the  exercise  of  this  right,  it  will  be  dam- 
num  absque  injuria,  and  will  furnish  no  cause  of  action  to  the  party  injured. 
The  reasonableness  in  the  use  is  a  question  for  the  jury,  to  be  determined  by 
them  upon  the  facts  and  circumstances  of  each  particular  case.     Id. 


MINING   LAWS    OF   CALIFORNIA.  57 

Boundary  Lines. 

1.  In  the  absence  of  mining  regulations,  the  fact  that  a  party  has  located 
a  claim  bounded  by  another,  raises  no  presumption  that  the  last  located 
claim  corresponds  in  size,  or  in  the  direction  of  its  lines,  with  the  former. 
Live  Yankee  Co.  v.  Oregon  Co.,  7  Cal.  40. 

2.  Where  two  mining  companies  agree  upon  a  boundary  line  between 
their  claims,  and  subsequently  other  parties  purchase  the  several  interests  of 
the  two  companies,  with  a  knowledge  of  the  boundary  so  fixed,  both  parties 
are  concluded  by  it,  and  estopped  from  denying  it.     The  fact  that  such  line 
was  fixed  by  a  mistake  as  to  the  true  boundaries,  makes  no  difference. 
Me  Gee  v.  Stone,  9  Cal.  600. 

Fixtures. 

1.  A  steam  engine  and  boiler,  fastened  to  a  frame  of  timber,  bedded  in 
the  ground  of  a  quartz  ledge  sufficient  to  make  it  level,  with  a  roof  or  shed 
to  protect  the  machinery,  and  used  for  the  purpose  of  working  the  ledge, 
are  so  annexed  to  the  freehold  as  to  become  a  fixture.  Merritt  v.  Judd,  14 
Cal.  59. 

Agreement. 

1.  Where  the  owner  of  a  mining  claim  contracts,  verbally,  with  J.  for 
working  it,  and  agrees  to  pay  him  a  certain  sum  out  of  the  proceeds,  and  J. 
goes  into  possession,  and  while  he  is  working  it,  the  owner  sells  it  to  a  third 
party,  who  takes  without  notice  of  J.'s  contract,  his  claim  is  not  liable  to 
J.'s  contract.     Jenkins  v.  Redding,  8  Cal.  598. 

2.  Parties  taking  possession  of  a  quartz  lead  under  an  agreement  made 
with  another  party,  cannot  retain  possession  and  refuse  compliance  with  their 
agreement,  made  in  consideration  of  such  possession  and  right  to  the  lead. 
Hutchins  v.  Nougues,  11  Cal.  28. 

Execution. 

1.  The  interest  of  a  miner  in  his  mining  claim  is  property,  and  not  having 
been  exempted  by  law  may  be  taken  and  sold  under  execution.     MeKeon  v. 
Bisbee,  9  Cal.  137. 

2.  The  mere  fact  that  the  judgment  debtor  (against  whom  execution  had 
been  issued)  was  found  upon  the  mining  ground  of  the  plaintiff,  did  not  jus- 
tify the  Sheriff  who  had  the  execution  in  going  on  the  ground  and  digging 
up  the  soil  and  taking  the  gold  it  contained.     Rowe  v.  Bradley,  12  Cal.  230. 


TAXATION". 

AN  A  CT  supplementary  to  an  Act  entitled  "  An  Act  to 
provide  Revenue  for  the  Support  of  the  Government  of 
this  State"  approved  May  I7th,  1861. 

[Approved  April  4tb,  1864  ;  Stat.  1863-4,  p.  471.] 

SECTION  1.  All  provisions  of  law  exempting  mining  claims 
4* 


58  MINING   LAWS   OF   CALIFORNIA. 

from  taxation  are  hereby  repealed,  so  far  as  they  apply  to  lands 
or  mines  in  the  condition  of  private  property  and  granted  as 
such  by  the  Spanish  or  Mexican  Government,  or  the  Govern- 
ment of  the  United  States,  or  of  this  State. 

Taxation. 

1.  The  interest  of  the  occupant  of  a  mining  claim  is  property,  and  is  lia- 
ble to  taxation.     California  v.  Moore,  12  Cal.  56. 

2.  The  Legislature  having  expressly  exempted  mining  claims  from  the 
operation  of  the  revenue  act,  it  cannot  be  presumed  that  it  intended  indi- 
rectly to  tax  them  by  levying  a  tax  on  the  price  paid  for  them.     Money 
invested  in  purchasing  and  opening  mining  claims  is  not  within  that  portion 
of  the  revenue  act  which  provides  for  taxing  "  all  capital  loaned,  invested, 
or  employed  in  any  trade  or  business  whatsoever."    Id.  . 


FOREIGN    MINERS. 

AN  A  CT  to  provide  Revenue  for  the  Support  of  the  Gov- 
ernment of  this  State. 

[Approved  May  17th,  1861;  Stat.  1861,  p.  447.] 

SEC.  90.  No  person,  unless  he  is  a  citizen  of  the  United 
States,  or  shall  have  declared  his  intention  to  become  such 
(California  Indians  excepted),  shall  be  allowed  to  take,  or 
extract,  gold,  silver,  or  other  metals  from  the  mines  of  this 
State,  or  hold  a  mining  claim  therein  unless  he  shall  have  a 
license  therefor  as  hereinafter  provided. 

SEC.  92.  *  *  The  amount  to  be  paid  for  such  licenses 
shall  be  at  the  rate  of  four  dollars  per  month ;  and  said 
licenses  shall  in  no  case  be  transferred.  *  * 

SEC.  93.  The  collector  shall  collect  the  foreign  miners' 
license  tax  provided  for  in  this  act,  from  all  persons  liable  to 
pay  the  same,  and  may  seize  the  property  of  any  such  person 
refusing  to  pay  such  tax,  and  sell  the  same  at  public  auction 
on  one  hour's  notice  by  proclamation,  and  shall  deliver  the 
property  to  the  purchaser,  together  with  a  bill  of  sale,  with 
the  license  attached,  which  shall  transfer  the  title  thereof  to 


MINING   LAWS   OF   CALIFORNIA.  59 

the  person  paying  the  highest  price  therefor,  and  after  deduct- 
ing the  tax  and  necessary  expenses  incurred  by  reason  of  such 
refusal  and  sale  of  property,  the  collector  shall  return  the 
surplus  of  the  proceeds  of  the  sale,  if  any,  to  the  person  or 
persons  whose  property  was  sold ;  provided,  that  should  any 
person,  liable  to  pay  such  tax  in  any  county  of  this  State, 
escape  into  any  other  county  with  intention  to  evade  the  pay- 
ment of  such  tax,  then,  and  in  that  event,  it  shall  be  lawful 
for  the  collector  to  pursue  such  person  and  enforce  the  pay- 
ment of  such  tax  in  the  same  manner  as  if  no  such  escape  had 
been  made.  Any  foreigner  representing  himself  to  be  a  citi- 
zen of  the  United  States  shall,  in  the  absence  of  his  certificate 
to  that  effect,  satisfy  the  collector  of  the  correctness  of  his 
statement  by  affidavit  or  otherwise,  and  for  that  purpose  the 
collector  is  empowered  to  administer  such  oath  or  affirmation. 
All  foreigners  not  eligible  to  become  citizens  of  the  United 
States,  residing  in  any  mining  district  of  this  State,  shall  be 
considered  miners  under  the  provisions  of  this  act.  Every 
subsequent  license,  after  the  first,  when  issued  to  the  same 
person  shall  be  dated  from  the  expiration  of  the  former  license. 
SEC.  97.  Any  person  or  company  hiring  foreigners,  or  in- 
terested with  them  as  partners,  or  renting,  or  on  shares,  or  in 
any  manner  connected  with  any  foreigner  or  foreigners  in 
working,  or  in  possession  of,  any  mining  ground  in  this  State, 
shall  be  held  liable  for  the  amount  of  license  of  each  and 
every  foreigner  with  whom  such  person  or  company  is  so  con- 
nected or  interested.  All  mining  ground  worked  or  possessed, 
all  improvements,  all  tools  and  machinery  used  in  working 
such  ground  by  said  person  or  company,  shall  be  subject  to 
sale  for  the  payment  of  said  license  tax  in  the  manner  pro- 
vided in  section  ninety-three  of  this  act.  The  collector  shall 
have  power  to  require  any  person  or  company  believed  to  be 
indebted  to,  or  to  have  money,  gold  dust,  or  property  of  any 
kind  belonging  to  any  foreigner,  or  in  which  any  foreigner  is 


60  MINING  LAWS  OF   CALIFORNIA. 

interested,  in  his  or  their  possession,  or  under  his  or  their 
control,  to  answer  under  oath  as  to  such  indebtedness,  or  the 
possession  of  such  money,  gold  dust,  or  other  property.-  In 
case  a  party  is  indebted,  or  has  possession  or  control  of  any 
moneys,  gold  dust,  or  other  property,  as  aforesaid,  of  such 
foreigner  or  foreigners,  he  may  collect  from  such  party  the 
amount  of  such  license,  and  may  require  the  delivery  of  such 
money,  gold  dust,  or  other  property  as  aforesaid,  and  in  all 
cases  the  receipt  of  the  collector  to  said  party  shall  be  a  com- 
plete bar  to  any  demand  made  against  said  party,  or  his  legal 
representative,  for  the  amounts  of  money,  gold  dust,  or  prop- 
erty embraced  therein ;  and  provided,  that  whenever,  from 
any  cause  whatever,  the  collector  shall  be  unable  to  collect 
the  foreign  miners'  license  from  any  person  liable  to  pay  the 
same,  he  shall  certify  to  the  Road  Overseer  of  the  district 
the  name  or  description  of  the  person  and  the  amount  due, 
and  such  person  shall,  upon  the  requisition  of  the  Overseer, 
work  upon  the.  public  roads  of  the  district  a  sufficient  number 
of  days  to  exhaust  said  sum  by  crediting  against  it  one  dollar 
for  each  day's  work,  and  every  person  so  liable  to  work,  and 
refusing  so  to  do,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  imprisonment  for  not  less  than 
five  and  not  more  than  thirty  days. 

SEC.  98.  Any  person  or  company  hiring  foreigners  to  work 
in  the  mines  of  this  State,  shall  be  liable  for  the  amount  of 
the  license  for  each  person  so  employed. 

Foreign  Miners. 

1.  The  State  can  levy  a  poll  tax  to  such  extent  as  it  may  deem  expedient 
upon  all  persons  engaged  in  mining  upon  public  lands,  and  there  is  nothing 
in  the  Constitution  of  the  United  States  which  deprives  this  State  of  the 
power  of  imposing  it.     People  v.  Naglee,  1  Cal.  238. 

2.  Where  the  State  passed  a  law  taxing  foreign  miners  until  such  time  as 
Congress  shall  by  law  assume  the  regulation  of  the  mines,  it  is  not  contra- 
dictory or  repugnant  to  the  power  of  Congress.     Id.  240. 

3.  Aliens  cannot  be  said  to  have  any  property  to  enjoy  in  the  mineral 
public  lands  by  which  the  Constitution  of  the  State  would  guarantee  them 
against  taxation  for  working  or  extracting  the  metals  therefrom.     Id. 


MINING   LAWS   OF   CALIFORNIA.  61 

4.  A  tax  upon  aliens  for  working  the  public  lands,  and  extracting  there- 
from the  precious  metals,  does  not  require  any  exaction ;  the  alien  may  pay 
or  not,  depending  upon  his  option  whether  he  will  or  will  not  engage  in  min- 
ing operations,  and  becomes  a  license  fee.  Id.  273. 

6.  When  a  foreign  miner,  subject  to  a  license  tax,  was  employed  by  one 
of  a  partnership  to  work  in  the  mines  which  were  the  partnership's  prop- 
erty :  held,  that  the  employer,  and  not  the  partnership,  was  liable  for  the 
tax.  Meyer  v.  Larkin,  3  Cal.  403. 

6.  Where  the  tax  collector  levied  on  the  property  of  the  partnership  for 
the  tax  due  by  the  foreigner  thus  employed,  and  sold  the  whole  claim  and 
dispossessed  the  plaintiff  (one  of  the  partners) :  held,  that  he  was  guilty  of 
trespass  for  which  the  action  was  properly  brought.     Id. 

7.  The  fact  that  the  parties  in  the  possession  of  a  gold  mine  are  foreign- 
ers, and  have  obtained  no  license,  affords  no  apology  for  trespassers.     The 
State  alone  can  enforce  the  law  prohibiting  foreigners  from  working  in  the 
mines  without  a  license.     Mitchell  v.  Hagood,  6  Cal.  148. 


MINING  LAWS  OF  NEVADA  TERRITORY. 


AN    ACT 
To  provide  for  the  Formation  of  Corporations  for  certain  Purposes. 

[Approved  Dec.  20th,  1862.    Laws  Nevada  Ter.,  1862,  p.  162 ;  Id.  1864,  p.  49.] 
CORPORATIONS. 

SECTION  1.  [As  amended  by  Act  of  Feb.  19th,  1864.]  Corporations 
for  manufacturing,  mining,  milling,  ditching,  mechanical,  chemical,  build- 
ing, and  farming  purposes,  may  be  formed  according  to  the  provisions  of 
this  act,  such  corporations  and  the  members  thereof  being  subject  to  all 
the  conditions  and  liabilities  herein  imposed  and  to  none  others. 

SEC.  2.  [As  amended  by  Act  of  Feb.  19th,  1864.]  Any  three  or  more 
persons  who  may  desire  to  form  a  company  for  any  one  or  more  of  the 
purposes  specified  in  the  preceding  section,  may  make,  sign,  and  acknowl- 
edge, before  some  person  competent  to  take  the  acknowledgment  of  deeds, 
and  file  and  have  recorded,  in  a  book  provided  for  that  purpose,  in  the 
office  of  the  Clerk  of  the  county  in  which  the  principal  place  of  business 
of  the  company  is  intended  to  be  located,  and  a  certified  copy  thereof 
under  the  hand  of  the  Clerk  and  the  seal  of  the  Court  of  said  county,  in 
the  office  of  the  Secretary  of  the  Territory,  a  certificate  in  writing,  in 
which  shall  be  stated  the  corporate  name  of  the  company,  the  object  for 
which  the  same  shall  be  formed,  the  amount  of  its  capital  stock,  the  time 
of  its  existence,  not  to  exceed  fifty  years,  the  number  of  shares  of  which 
the  capital  stock  shall  consist,  the  number  of  trustees,  and  their  names, 
who  shall  manage  the  concerns  of  the  company  for  such  length  of  time 
(not  less  than  two,  nor  more  than  six  months)  as  may  be  designated  in 
such  certificate,  and  the  name  of  the  city,  town,  or  locality  and  county 
in  which  the  principal  place  of  business  of  the  company  is  to  be  located. 

SEC.  3.  A  copy  of  any  certificate  of  incorporation  filed  in  pursuance 
of  this  act,  and  certified  by  the  County  Clerk  of  the  county  in  which  it 
is  filed,  or  his  deputy,  or  by  the  Secretary  of  the  Territory,  shall  be 
received  in  all  the  Courts  and  places  as  prima  facie  evidence  of  the  facts 
therein  stated. 


64  MINING    LAWS    OF   NEVADA   TERRITORY. 

SEC.  4.  When  the  certificate  shall  have  been  filed,  the  persons  who 
shall  have  signed  and  acknowledged  the  same  and  their  successors,  shall 
be  a  body  corporate  and  politic,  in  fact  and  in  name,  by  the  name  stated 
in  their  certificate,  and  by  their  corporate  name  have  succession  for  the 
period  limited,  and  power  : 

First.  To  sue  and  be  sued  in  any  Court  having  competent  jurisdiction. 

Second.  To  make  and  use  a  common  seal,  and  to  alter  the  same  at 
pleasure. 

Third.  To  purchase,  hold,  sell,  and  convey  such  real  and  personal 
estate  as  the  purposes  of  the  corporation  shall  require. 

Fourth.  To  appoint  such  officers,  agents,  and  servants  as  the  business 
of  the  corporation  shall  require ;  to  define  their  powers,  prescribe  their 
duties,  and  fix  their  compensation. 

Fifth.  [As  amended  by  Act  of  Feb.  19th,  1864.]  To  require  of  them 
such  security  as  may  be  thought  proper  for  the  fulfillment  of  their  duties, 
and  to  remove  them  at  will,  except  that  no  trustee  shall  be  removed  from 
office  unless  by  a  vote  of  two-thirds  of  the  stockholders,  as  hereinafter 
provided. 

Sixth.  To  make  by-laws,  not  inconsistent  with  the  Organic  Act  of  this 
Territory,  and  the  laws  of  the  Congress  of  the  United  States  and  of  this 
Territory. 

Seventh.  The  management  of  its  property,  the  regulation  of  its  affairs, 
the  transfer  of  its  stock,  and  for  carrying  on  all  kinds  of  business  within 
the  objects  and  purposes  of  the  company,  as  expressed  in  its  articles  of 
incorporation. 

SEC.  5.  [As  amended  by  Act  of  Feb.  19th,  1864.]  The  corporate 
powers  of  the  corporation  shall  be  exercised  by  a  Board  of  not  less  than 
three  Trustees,  who  shall  be  stockholders  in  the  company,  and  a  majority 
of  them  citizens  of  the  United  States,  and  residents  of  this  Territory, 
who  shall,  before  entering  upon  the  duties  of  their  office,  respectively 
take  and  subscribe  to  an  oath  as  prescribed  by  the  laws  of  this  Territory, 
and  who  shall,  after  the  expiration  of  the  term  of  the  trustees  first 
selected,  be  annually  elected  by  the  stockholders  at  such  time  and  place 
within  the  Territory,  and  upon  such  notice  and  in  such  manner  as  shall 
be  directed  by  the  by-laws  of  the  company  ;  but  all  elections  shall  be 
by  ballot,  and  each  stockholder,  either  in  person  or  by  proxy,  shall  be 
entitled  to  as  many  votes  as  he  may  own  or  represent  by  proxy  shares  of 
stock,  and  the  person  or  persons  receiving  the  greatest  number  of  votes 
shall  be  trustee  or  trustees.  It  shall  be  competent  at  any  time  for 
two-thirds  of  the  stockholders  of  any  corporation  organized  under  this 
act  to  expel  any  trustee  from  office,  and  to  elect  another  to  succeed  him. 


MINING    LAWS   OF   NEVADA   TERRITORY.  65 

In  all  cases  where  a  meeting  of  the  stockholders  is  called  for  the  purpose 
of  expelling  a  trustee  and  electing  his  successor,  such  notice  shall  be 
given  of  the  meeting  as  the  by-laws  of  the  company  may  require. 
Whenever  any  vacancy  shall  happen  among  the  trustees  by  death,  resig- 
nation, or  otherwise,  except  by  removal  and  the  election  of  his  successor 
as  herein  provided,  it  shall  be  filled  by  appointment  of  the  Board  of 
Trustees. 

SEC.  6.  If  it  should  happen  at  any  time  that  an  election  of  trustees 
shall  not  be  made  on  the  day  designated  by  the  by-laws  of  the  company, 
the  corporation  shall  not  for  that  reason  be  dissolved ;  but  it  shall  be 
lawful  on  any  other  day  to  hold  an  election  for  trustees,  in  such  manner 
as  shall  be  provided  for  in  the  by-laws  of  the  company,  and  all  acts  of  the 
trustees  shall  be  valid  and  binding  upon  the  company  until  their  succes- 
sors shall  be  elected. 

SEC.  7.  A  majority  of  the  whole  number  of  trustees  shall  form  a 
board  for  the  transaction  of  business,  and  every  decision  of  a  majority  of 
the  persons  duly  assembled  as  a  board  shall  be  valid  as  a  corporate  act. 

SEC.  8.  The  first  meeting  of  the  Trustees  shall  be  called  by  a 
notice  signed  by  one  or  more  of  the  persons  named  trustees  in  the  cer- 
tificate, setting  forth  the  time  and  place  of  the  meeting,  which  notice 
shall  be  either  delivered  personally  to  each  trustee  or  published  at  least 
twenty  days  in  some  newspaper  of  the  county  in  which  is  the  principal 
place  of  business  of  the  corporation,  or  if  no  newspaper  be  published  in 
the  county,  then  in  some  newspaper  nearest  thereto  in  the  Territory. 

SEC.  9.  The  stock  of  the  company  shall  be  deemed  personal  estate, 
and  shall  be  transferable  in  such  manner  as  shall  be  prescribed  by  the 
by-laws  of  the  company  ;  but  no  transfer  shall  be  valid,  except  between 
the  parties  thereto,  until  the  same  shall  have  been  so  entered  upon  the 
books  of  the  company,  as  to  show  the  names  of  the  parties  by  and  to 
whom  transferred,  the  numbers  and  designation  of  the  shares,  and  the 
date  of  the  transfer. 

SEC.  10.  [As  amended  by  Act  of  Feb.  19th,  1864.]  The  stockholders 
of  any  corporation  formed  under  this  act  may,  in  the  by-laws  of  the 
company,  prescribe  the  times,  manner,  and  amounts  in  which  the  payment 
of  the  sums  subscribed  by  them  respectively  shall  be  made  ;  but  in  case 
the  same  shall  not  be  so  prescribed,  the  trustees  shall  Jhave  power  to 
demand  and  call  in  from  the  stockholders  the  sums  by  them  subscribed, 
at  such  times  and  in  such  manner,  payments  or  installments,  as  they  may 
deem  proper.  In  all  cases  notice  of  each  assessment  shall  be  given  to  the 
stockholders  personally,  or  by  publication  once  a  week  for  at  least  four 
weeks  in  some  newspaper  published  in  the  county  in  which  the  principal 


66  MINING    LAWS   OF   NEVADA   TERRITORY. 

place  of  business  of  the  company  is  located,  and  if  none  be  published  in 
such  county,  then  in  the  newspaper  nearest  to  said  principal  place  of 
business  in  the  Territory.  If,  after  such  notice  has  been  given,  any 
stockholder  shall  make  default  in  the  payment  of  the  assessment  upon 
the  shares  held  by  him,  so  many  of  such  shares  may  be  sold  as  will  be 
necessary  for  the  payment  of  the  assessment  upon  all  the  shares  held  by 
him,  her,  or  them.  The  sale  of  said  shares  shall  be  made  as  prescribed 
in  the  by-laws  of  the  company,  but  shall  in  all  cases  be  made  at  the  office 
of  the  company.  No  sale  shall  be  made  except  at  public  auction,  to  the 
highest  bidder,  after  a  notice  of  four  weeks,  published  as  above  directed 
in  this  section,  and  at  such  sale  the  person  who  shall  pay  the  assessment 
so  due,  together  with  the  expenses  of  advertising  and  sale  for  the  small- 
est number  of  shares  or  portion  of  a  share,  as  the  case  may  be,  shall  be 
deemed  the  highest  bidder. 

SEC.  11.  Whenever  any  stock  is  held  by  any  person  as  executor, 
administrator,  guardian,  or  trustee,  he  shall  represent  such  stock  at  all 
meetings  of  the  company,  and  may  vote  accordingly  as  a  shareholder. 

SEC.  12.  Any  stockholder  may  pledge  his  stock  by  a  delivery  of  the 
certificates  or  other  evidence  of  his  interest,  but  may  nevertheless  repre- 
sent the  same  at  all  meetings  and  vote  as  a  stockholder. 

SEC.  13.  It  shall  not  be  lawful  for  the  trustees  to  make  any  dividend, 
except  from  the  net  profits  arising  from  the  business  of  the  corporation  ; 
nor  to  divide,  withdraw,  or  in  any  way  pay  to  the  stockholders,  or  any  of 
them,  any  part  of  the  capital  stock  of  the  company,  nor  to  reduce  the 
capital  stock,  unless  in  the  manner  prescribed  in  this  act ;  and  in  case  of 
any  violation  of  the  provisions  of  this  section  the  trustees  under  whose 
administration  the  same  may  have  happened,  except  those  who  may  have 
caused  their  dissent  therefrom  to  be  entered  at  large  on  the  minutes  of 
the  board  of  trustees  at  the  time,  or  were  not  present  when  the  same  did 
happen,  shall,  in  their  individual  and  private  capacities,  be  jointly  and 
severally  liable  to  the  corporation  and  the  creditors  thereof,  in  the  event 
of  its  dissolution,  to  the  full  amount  so  divided,  withdrawn,  or  reduced, 
or  paid  out ;  provided,  that  this  section  shall  not  be  construed  to  prevent 
a  division  and  distribution  of  the  capital  stock  of  the  company  which 
shall  remain  after  the  payment  of  all  its  debts  upon  the  dissolution  of  the 
corporation  or  the  expiration  of  its  charter. 

SEC.  14.  The  total  amount  of  debts  of  the  corporation  shall  not  at 
any  time  exceed  the  amount  of  the  capital  stock  actually  paid  in,  and  in 
case  of  an  excess,  the  trustees  under  whose  administration  the  same  may 
have  happened,  except  those  who  may  have  caused  their  dissent  there- 
from to  be  entered  at  large  on  the  minutes  of  the  board  of  trustees  at 


MINING    LAWS   OF  NEVADA  TERRITORY.  67 

the  time,  and  except  those  not  present  when  the  same  did  happen,  shall, 
in  their  individual  and  private  capacities,  be  liable,  jointly  and  severally, 
to  the  said  corporation,  and  in  the  event  of  its  dissolution,  to  any  of  the 
creditors  thereof,  for  the  full  amount  of  such  excess. 

SEC.  15.  No  corporation  organized  under  this  act  shall,  by  any  im- 
plication or  construction,  be  deemed  to  possess  the  power  of  issuing  bills, 
notes,  or  other  evidences  of  debt  for  circulation  as  money. 

SEC.  16.  Each  stockholder  shallj)e  individually  and  personally  liable 
for  his  proportion  of  all  the  debts  and  liabilities  of  the  company  con- 
tracted or  incurred  during  the  time  that  he  was  a  stockholder ;  for  the 
recovery  of  which  joint  or  several  actions  may  be  instituted  and  pros- 
ecuted. 

SEC.  17.  No  person  holding  stock  as  executor,  administrator,  guardian, 
or  trustee,  or  holding  it  as  collateral  security  or  in  pledge,  shall  be  per- 
sonally subject  to  any  liability  as  a  stockholder  of  the  company  ;  but  the 
person  pledging  the  stock  shall  be  considered  as  holding  the  same,  and 
shall  be  liable  as  a  stockholder,  and  the  estate  and  funds  in  the  hands  of 
the  executor,  administrator,  guardian,  or  trustee  shall  be  liable  in  like 
manner  and  to  the  same  extent  as  the  testator,  or  intestate,  or  the  ward, 
or  person  interested  in  the  trust  fund  would  have  been  if  he  or  she  had 
been  living  and  competent  to  act  and  hold  the  stock  in  his  or  her  own 
name. 

SEC.  18.  It  shall  be  the  duty  of  the  trustees  of  every  company  incor- 
porated under  this  act  to  keep  a  book  containing  the  names  of  all  per- 
sons, alphabetically  arranged,  who  are  or  shall  become  shareholders  of  the 
corporation,  and  showing  the  number  of  shares  of  stock  held  by  them 
respectively,  and  the  time  when  they  became  the  owners  of  such  shares, 
which  book,  during  the  usual  business  hours  of  the  day,  on  every  day 
except  Sunday  and  the  legal  holidays,  shall  be  open  for  the  inspection  of 
stockholders  and  creditors  of  the  company  at  the  office  or  principaFplace 
of  business  of  the  company  ;  and  any  stockholder  or  creditor  of  the  com- 
pany shall  have  the  right  to  make  extracts  from  such  book,  or  to  demand 
and  receive  from  the  clerk  or  other  officer  having  the  charge  of  such  [book] 
a  certified  copy  of  any  entry  therein,  or  to  demand  and  receive  from  any 
clerk  or  officer  a  certified  copy  of  any  paper  placed  on  file  in  the  office  of 
the  company,  and  such  book  or  certified  copy  shall  be  presumptive  evi- 
dence of  the  facts  therein  stated  in  any  action  or  proceeding  against  the 
company  or  any  one  or  more  of  the  stockholders. 

SEC.  19.  If  at  any  time  the  clerk  or  other  officer  having  charge  of  such 
book  shall  make  any  false  entry,  or  neglect  to  make  any  proper  entry 
therein,  or  having  the  charge  of  any  papers  of  the  company  shall  refuse 


68  MINING    LAWS   OF  NEVADA   TERRITORY. 

or  neglect  to  exhibit  the  same  or  allow  the  same  to  be  inspected,  or 
extracts  to  be  taken  therefrom,  or  to  give  a  certified  copy  of  any  entry 
as  provided  in  the  preceding  section,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor and  shall  forfeit  and  pay  to  the  party  injured  a  penalty  of  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand  dollars  and  all 
damages  resulting  therefrom,  to  be  recovered  in  an  action  of  debt  in  any 
Court  having  competent  jurisdiction ;  and  for  neglecting  to  keep  such 
book  for  inspection  as  aforesaid,  tjie  corporation  shall  forfeit  to  the 
people  the  sum  of  one  hundred  dollars  for  every  day  it  shall  so  neglect, 
to  be  sued  for  and  recovered  in  the  name  of  the  people  in  the  District 
or  Probate  Court  of  the  county  in  which  the  principal  place  of  business 
of  the  corporation  is  located. 

SEC.  20.  Any  company  incorporated  under  this  act  may,  by  comply- 
ing with  the  provisions  herein  contained,  increase  or  diminish  its  capital 
stock  to  any  amount  which  may  be  deemed  sufficient  and  proper  for  the 
purposes  of  the  corporation  ;  but  before  any  corporation  shall  be  entitled 
to  diminish  the  amount  of  its  capital  stock,  if  the  amount  of  [its]  debts 
and  liabilities  shall  exceed  the  sum  to  which  the  capital  is  proposed  to 
be  diminished,  such  amount  shall  be  satisfied  and  reduced  so  as  not  to 
exceed  the  diminished  amount  of  the  capital. 

SEC.  21.  [As  amended  by  Act  of  February  19th,  1864.]  Whenever 
it  is  desired  to  increase  or  diminish  the  amount  of  capital  stock,  a  meet- 
ing of  the  stockholders  shall  be  called,  by  a  notice  signed  by  at  least  a 
majority  of  the  trustees  and  published  at  least  eight  weeks  in  some  news- 
paper published  in  the  county  where  the  principal  place  of  business  of  the 
company  is  located,  or  if  no  newspaper  is  published  in  the  county,  then  in 
the  newspaper  nearest  thereto  in  the  Territory,  which  notice  shall  specify 
some  object  of  the  meeting,  the  time  and  place  where  it  is  to  be  held,  and  the 
amount  [to]  which  it  is  proposed  to  increase  or  diminish  the  capital ;  and  a 
vote  of  two-thirds  of  all  the  shares  of  stock  shall  be  necessary  to  increase 
or  diminish  the  amount  of  the  capital  stock. 

SEC.  22.  If  at  a  meeting  so  called  a  sufficient  number  of  votes  have 
been  given  in  favor  of  increasing  or  diminishing  the  amount  of  capital,  a 
certificate  of  the  proceedings,  showing  a  compliance  with  these  provisions, 
the  amount  of  capital  actually  paid  in,  the  whole  amount  of  debts  and 
liabilities  of  the  company,  and  the  amount  to  which  the  capital  stock  is 
to  be  increased  or  diminished,  shall  be  made  out,  and  signed,  and  verified 
by  the  affidavit  of  the  chairman  and  secretary  of  the  meeting,  certified  to 
by  a  majority  of  the  trustees,  and  filed  as  required  by  the  second  section 
of  this  act,  and  when  so  filed  the  capital  stock  of  the  corporation  shall 
be  increased  or  diminished  to  the  amount  specified  in  the  certificate. 


MINING    LAWS   OF  NEVADA  TERRITORY.  69 

SEC.  23.  Upon  the  dissolution  of  any  corporation  formed  under  this 
act,  the  trustees  at  the  time  of  the  dissolution  shall  be  trustees  of  the 
creditors  and  stockholders  of  the  corporation  dissolved,  and  shall  have 
full  power  and  authority  to  sue  for  and  recover  the  debts  and  property  of 
the  corporation,  by  the  name  of  trustees  of  such  corporation,  collect  and 
pay  the  outstanding  debts,  settle  all  its  affairs,  and  divide  among  the 
stockholders  the  money  and  other  property  that  shall  remain  after  the 
payment  of  the  debts  and  necessary  expenses. 

SEC.  24.  Any  corporation  formed  under  this  act  may  dissolve  and  dis- 
incorporate itself  by  presenting  to  the  District  Judge  of  the  judicial 
district  in  which  the  office  of  the  company  is  located  a  petition  to  that 
effect,  accompanied  by  a  certificate  of  its  proper  officers,  and  setting 
forth  that  at  a  meeting  of  the  stockholders  called  for  the  purpose  it  was 
decided  by  a  vote  of  two-thirds  of  all  the  stockholders  to  disincorporate 
and  dissolve  the  corporation.  Notice  of  the  application  shall  then  be 
given  by  the  clerk,  which  notice  shall  set  forth  the  nature  of  the  applica- 
tion, and  shall  specify  the  time  and  place  at  which  it  is  to  be  heard,  and 
shall  be  published  in  some  newspaper  of  the  county  once  a  week  for  eight 
weeks,  or  if  no  newspaper  is  published  in  the  county,  by  publication  in 
the  newspaper  nearest  thereto  in  the  Territory.  At  the  time  and  place 
appointed,  or  at  any  other  to  which  it  may  be  postponed  by  the  Judge, 
he  shall  proceed  to  consider  the  application,  and  if  satisfied  that  the  cor- 
poration has  taken  the  necessary  preliminary  steps,  and  obtained  the 
necessary  vote  to  dissolve  itself,  and  that  all  claims  against  the  corpora- 
tion are  discharged,  he  shall  enter  an  order  declaring  it  dissolved. 

SEC.  25.  All  corporations  hereafter  formed  under  the  laws  of  other 
States  or  Territories  for  the  conducting  and  transaction  of  any  of  the 
branches  of  business  mentioned  in  section  first  of  this  act  shall  not  be 
allowed  to  engage  in  such  business  within  this  Territory,  and  shall  be 
disregarded  in  law  and  denied  the  rights  and  privileges  of  corporations. 

SEC.  26.  All  corporations  heretofore  formed  under  the  provisions  of 
acts  of  incorporation  in  other  States  or  Territories,  and  holding  or  own- 
ing property  within  this  Territory  of  such  character  as  specified  in  section 
first  of  this  act,  and  managed  by  a  board  or  boards  of  trustees  or  direct- 
ors, and  having  their  principal  place  of  business  outside  the  limits  of  this 
Territory,  are  hereby  required  to  remove  their  places  of  business,  prin- 
cipal offices,  books,  and  papers  heretofore  kept  or  necessary  for  the  trans- 
action of  such  business  to  some  point,  to  be  designated  by  said  corpora- 
tion, within  the  limits  of  this  Territory  within  six  months  after  the  pas- 
.sage  of"  this  act,  or  otherwise  such  corporation  or  corporations  shall  be 
disregarded  in  law  as  a  corporation,  and  the  corporators  or  stockholders 


70  MINING    LAWS   OF  NEVADA   TERRITORY. 

thereof  be  treated  as  tenants  in  common  or  joint  owners  of  such  prop- 
erty so  owned  or  held  within  this  Territory.  Any  corporation  by  filing 
and  recording  its  certificate  of  incorporation  or  a  certified  copy  thereof 
with  the  Secretary  of  the  Territory  and  with  the  Clerk  of  the  county  in 
which  such  corporation  may  locate  as  the  principal  place  of  business, 
and  fully  complying  with  all  the  provisions  of  this  act  shall  be  deemed 
sufficient  to  entitle  such  corporation  to  all  the  rights  and  privileges  under 
the  provisions  of  this  act. 

AN  ACT  to  disapprove  of  the  Twenty-sixth  Section  of  the  Act  of  the  Legislative  Assembly 
of  the  Territory  of  Nevada,  and  for  other  purposes. 

[Approved  March  3d,  1863— Statutes  at  Large,  Thirty-seventh  Congress,  p.  709.] 


.,  r.  Jorpori 

for  certain  purposes,11  approved  Dec.  20th,  1862,  said  section  being  as  follows:  "Section 
26.  All  corporations  heretofore  formed  under  the  provisions  of  acts  of  incorporation  in 
other  States  or  Territories,  and  holding  or  owning  property  within  this  Territory  of  such 
character  as  specified  in  Section  First  of  this  act,  and  managed  by  a  board  or  boards  of 
trustees  or  directors,  and  having  their  principal  place  of  business  outside  the  limits  of  this 
Territory,  are  hereby  required  to  remove  their  places  of  business,  principal  offices,  books 
and  papers,  heretofore  kept,  or  necessary  for  the  transaction  of  such  business,  to  some 
point,  to  be  designated  by  said  corporation,  within  the  limits  of  this  Territory,  within  six 
months  after  the  passage  of  this  Act:  or  otherwise  such  corporation  or  corporations  shall 
be  disregarded  in  law  as  a  corporation,  and  the  corporators  or  stockholders  thereof  be 
treated  as  tenants  in  common  or  joint  owners  of  such  property  so  owned  or  held  within 
this  Territory.  Any  corporation,  by  filing  and  recording  its  certificate  of  incorporation, 
or  a  certified  copy  thereof,  with  the  Secretary  of  the  Territory  and  with  the  Clerk  of  the 
County  in  which  such  corporation  may  locate  as  the  principal  place  of  business,  and  fully 
complying  with  all  the  provisions  of  this  act,  shall  be  deemed  sufficient  to  entitle  such 
corporation  to  all  the  rights  and  privileges  under  the  provisions  of  this  act,"  be,  and  the 
same  is  hereby  disapproved,  and  the  same  is  hereby  annulled  and  made  void. 

SEC.  2.  And  be  it  further  enacted.  That  all  incorporated  companies  duly  organized 
within  any  State  or  Territory  of  the  United  States  may  sue  and  be  sued,  plead  and  be  im- 
pleaded,  in  the  several  Courts  of  the  Territory  of  Nevada,  anything  in  the  laws  of  said  Ter- 
ritory to  the  contrary,  notwithstanding. 

SEC.  27.  [As  substituted  by  Sec.  7  of  Act  of  Feb.  19th,  1864.] 
Any  corporation  desiring  at  any  time  to  remove  its  principal  place  of 
business  into  some  other  county  in  the  Territory,  shall  file  in  the  office  of 
the  County  Clerk  of  such  county  a  certified  copy  of  its  certificate  of 
incorporation.  If  it  is  desired  to  remove  its  principal  place  of  business 
to  some  other  city,  town,  or  locality  within  the  same  county,  publication 
shall  be  made  of  such  removal,  at  least  once  a  week  for  four  weeks,  in 
the  newspaper  published  nearest  to  the  city,  town,  or  locality,  from  which 
the  principal  place  of  business  of  such  corporation  is  desired  to  be 
removed.  The  formation  or  corporate  acts  of  no  corporation  heretofore 
formed  under  this  act  shall  be  rendered  invalid  by  reason  of  the  fact 
that  its  principal  place  of  business  may  not  have  been  designated  in  its 
certificate  of  incorporation  ;  provided,  that  within  three  months  from  the 
passage  of  this  act,  such  corporation  shall  cause  publication  to  be  made 
once  a  week  for  at  least  four  weeks  in  the  newspaper  published  nearest 
to  the  city,  town,  or  locality,  and  where  the  principal  place  of  business 
of  such  corporation  has  in  fact  been  located,  designating  the  city,  town, 


MINING    LAWS   OF   NEVADA   TERRITORY.  71 

or  locality,  and  county,  where  its  principal  place  of  business  shall  be 
located.  On  compliance  with  the  provisions  of  this  section  in  the  several 
cases  herein  mentioned,  the  principal  place  of  business  of  any  corporation 
shall  be  deemed  established  or  removed  at  or  to  any  designated  city, 
town,  or  locality,  and  county  in  the  Territory. 

SEC.  28.  Nothing  in  this  act  shall  be  so  construed  as  to  include  within 
its  provisions  either  telegraph,  railroad,  stage,  express,  or  insurance  com- 
panies. 

SEC.  29.  This  act  shall  take  effect  from  and  after  its  passage. 

SEC.  30.  [As  added  by  Section  8  of  Act  of  Feb.  19th,  1864.]  In 
corporations  already  formed,  or  which  may  hereafter  be  formed  under 
this  act,  where  the  amount  of  the  capital  stock  of  such  corporation  con- 
sists of  the  aggregate  valuation  of  the  whole  number  of  feet,  shares,  or 
interests  in  any  mining  claim  in  this  Territory,  for  the  working  and  devel- 
opment of  which  such  corporation  shall  be  or  have  been  formed,  no 
actual  subscription  to  the  capital  stock  of  such  corporation  shall  be  neces- 
sary ;  but  each  owner  in  said  mining  claim  shall  be  deemed  to  have  sub- 
scribed such  an  amount  to  the  capital  stock  of  such  corporation  as  under 
its  by-laws  will  represent  the  value  of  so  much  of  his  interest  in  said  min- 
ing claim,  the  legal  title  to  which  he  may  by  deed,  deed  of  trust,  or  other 
instrument  vest  or  have  vested  in  such  corporation  for  mining  purposes ; 
such  subscription  to  be  deemed  to  have  been  made  on  the  execution  and 
delivery  to  such  corporation  of  such  deed,  deed  of  trust,  or  other  instru- 
ment ;  nor  shall  the  validity  of  any  assessment  levied  or  which  may  here- 
after be  levied  by  the  Board  of  Trustees  of  such  corporation  be  affected 
by  reason  of  the  fact  that  the  full  amount  of  the  capital  stock  of  such 
corporation,  as  mentioned  in  its  certificate  of  incorporation,  shall  not 
have  been  subscribed  as  provided  in  this  section  ;  provided,  that  the 
greater  portion  of  said  amount  of  capital  stock  shall  have  been  so  sub- 
scribed ;  and  provided.,  further,  that  this  section  shall  not  be  so  construed 
as  to  prohibit  the  stockholders  of  any  corporation  formed  or  which  may 
be  formed  for  mining  purposes  as  provided  in  this  section,  from  regulating 
the  mode  of  making  subscriptions  to  its  capital  stock  and  calling  in  the 
same  by  by-law  or  express  contract. 

[The  amendatory  and  supplemental  act  of  February  19th,  1864,  went 
into  effect  from  and  after  its  passage,] 


72  MINING    LAWS   OF  NEVADA  TERRITORY. 

AN   ACT 
For  the  Encouragement  of  Mining. 

(Approved  February  20th,  1864;  Laws  of  Nevada  Ter.,  1864,  p.  53.) 
SUITS   AGAINST    JOINT   TENANT,  TENANT    IN   COMMON,  OR   COPARCENER. 

SECTION  1.  When  two  or  more  persons  owning  or  claiming  as  joint 
tenants,  tenants  in  common,  or  coparceners,  a  majority  of  the  number  of 
feet,  shares,  or  interests  in  any  mining  claim  in^his  Territory  shall  have 
formed  or  shall  hereafter  form  themselves  into  a  corporation  or  organized 
association  for  the  purpose  of  working  and  developing  such  mining 
claim,  and  shall  proceed  to  actually  work  and  develop  the  same,  such 
corporation  or  organized  association,  may  institute  in  any  Court  of  com- 
petent jurisdiction,  suit  in  its  corporate  or  associate  name  against  any 
person  (not  a  member  of  such  corporation  or  association)  owning  in  said 
mining  claim  as  tenant  in  common,  joint  tenant,  or  coparcener,  who  shall 
refuse  or  neglect  to  pay  his  or  her  proportion  of  the  money  actually 
expended  or  indebtedness  assumed  by  such  corporation  or  association  for 
the  actual  and  necessary  working  and  development  of  said  mining  claim. 

SEC.  2.  Before  such  suit  shall  be  instituted,  such  corporation  or  asso- 
ciation shall  cause  to  be  published  in  some  newspaper  published  in  the 
county  where  the  mining  claim  is  located,  and  if  no  newspaper  be  pub- 
lished in  such  county,  then  in  some  newspaper  published  in  the  nearest 
adjoining  county,  once  a  week  for  at  least  four  weeks,  a  notice  specifying  : 
First.  The  amount  of  money  actually  expended  or  indebtedness  assumed 
by  such  corporation  or  association  in  the  actual  and  necessary  working 
and  development  of  said  mining  claim.  Second.  The  amount  due  from 
such  joint  tenant,,  tenant  in  common,  or  coparcener,  as  his  or  her  propor- 
tion of  the  money  actually  expended  or  indebtedness  assumed  by  such 
corporation  or  association  in  the  actual  and  necessary  working  and  devel- 
opment of  said  mining  claim.  Third.  The  intention  of  such  corporation 
or  association  to  institute  suit  for  the  same ;  provided,  that  only  ten 
days'  notice  shall  be  required  before  instituting  suit  under  this  act,  where 
personal  service  of  the  notice  mentioned  in  this  section  shall  be  obtained 
on  such  joint  tenant,  tenant  in  common,  or  coparcener. 

SEC.  3.  It  shall  be  proved  on  the  trial  of  such  suit,  first,  that  the 
amount  of  money  expended  or  indebtedness  assumed  by  such  corporation 
or  association,  as  specified  in  the  notice  mentioned  in  section  two  of  this 
act.  was  expended  or  assumed  by  such  corporation  or  association  in  the 
actual  and  necessary  working  and  development  of  said  mining  claim  ; 
second,  the  quantity  of  interest  owned  by  defendant  in  said  mining 
claim  at  the  time  said  money  was  expended  or  indebtedness  assumed  by 


MINING    LAWS   OF   NEVADA   TERRITORY.  73 

such  corporation  or  association  ;  and,  third,  that  defendant,  though  duly 
notified  of  the  amount  due  from  him  or  her  for  the  actual  and  necessary 
working  and  development  of  said  mining  claim  and  of  the  intention  of 
plaintiff's  suit  therefor,  as  mentioned  in  section  two  of  this  act,  has  for 
ten  days  after  the  completion  of  said  notice  neglected  or  refused  to  pay 
the  same. 

SEC.  4.  The  amount  of  money  expended  or  indebtedness  assumed  by 
such  corporation  or  association  ai  the  proportion  due  from  such  tenant  in 
common,  joint  tenant,  or  coparcener,  for  the  actual  and  necessary  working 
and  development  of  such  mining  claim  shall  be  a  lien  in  favor  of  such  cor- 
poration or  association  upon  the  interest  of  such  tenant  in  common,  joint 
tenant,  or  coparcener  in  such  mining  claim  from  the  time  such  money 
was  expended  or  indebtedness  assumed  by  such  corporation  or  associa- 
tion, which  lien  shall  bind  such  interest  from  the  time  of  such  payment 
or  assumption  ;  and  all  judgments  rendered  in  any  action  instituted  under 
the  provisions  of  this  act,  and  any  execution  issued  thereon,  shall  bind 
and  run  against  such  interest,  and  no  other  property  of  the  defendant 
shall  be  subject  to  execution  on  any  such  judgment.  Such  interest  may 
be  sold  as  provided  for  sales  of  real  estate  on  execution,  and  may  be 
redeemed  as  is  provided  for  the  redemption  of  real  property  sold  on  exe- 
cution in  other  cases  upon  the  payment  of  purchase  money  with  fifty  per 
cent,  thereon. 

SEC.  5.  This  act  shall  apply  only  to  such  corporations  or  associations 
as  are  actually  engaged  in  mining  ;  and  no  corporation  formed  under  the 
laws  of  any  other  State,  Country,  or  Territory,  and  no  organized  associa- 
tion having  its  principal  place  of  business  out  of  this  Territory,  or  a 
majority  of  whose  directors,  trustees,  or  managing  agents  shall  be  non- 
residents of  this  Territory  shall  be  entitled  to  the  benefits  of  this  act. 

SEC.  6.  All  acts  or  parts  of  acts  so  far  as  they  are  inconsistent  or  in 
conflict  with  the  provisions  of  this  act  are  hereby  repealed. 

SEC.  7.  This  act  shall  take  effect  from  and  after  its  passage. 


AN   ACT 

Empowering  Corporations  and  Association*  for  Mining  to  Sue  Individ- 
ual Members. 

[Approved  December  19th,  1862;  Laws  of  Nevada,  1862,  p.  72.] 
SUITS   AGAINST    DELINQUENT    MEMBERS   OF    CORPORATIONS. 

SECTION  1.  Corporations  and  associations,  and  companies  formed  for 
mining  purposes,  are  hereby  authorized  in  their  corporate  or  associated 


74  MINING    LAWS   OF   NEVADA   TERRITORY. 

name  to  institute  suits  against  any  one  or  more  of  their  members  who 
may  be  delinquent  in  the  payment  of  their  assessments. 

SEC.  2.  Before  such  suit  is. brought  before  any  Court  having  jurisdic- 
tion of  the  amount,  such  delinquent,  and  the  amount  he  may  owe,  and 
the  intention  to  institute  suit  thereon  shall  be  advertised  in  a  newspaper 
published  in  the  county  where  the  mining  claim  is  located,  and  if  no 
newspaper  be  published  in  such  county,  then  in  a  newspaper  published 
in  the  nearest  adjoining  county,  for  at  least  once  a  week  for  one  month 
before  such  suit  is  instituted. 

SEC.  3.  It  shall  be  proved  on  the  trial  of  such  suit  that  the  trustees  or 
managing  agents  of  said  corporation,  or  association,  or  company,  were 
fully  authorized  to  institute  such  suit  by  a  majority  of  the  members  of 
said  corporation,  or  association,  or  company. 

SEC.  4.  The  members  of  such  corporation,  association,  or  company 
shall  be  competent  witnesses  to  establish  the  assessment  and  indebtedness 
of  the  delinquent  member. 

SEC.  5.  This  act  shall  apply  only  to  such  corporations,  associations, 
and  companies  who  are  actually  engaged  in  mining,  and  for  delinquency 
in  assessments  for  mining. 


AN  ACT 
For  the  Protection  of  Mines  and  Mining  Claims. 

[Approved  Dec.  17th,  1862;  Laws  Nevada,  1862,  p.  33.] 
SUITS   FOR    DAMAGES    CAUSED    BY   WORKING   OF    MINES. 

SECTION  1.  Any  person  or  persons,  company  or  corporation,  being  the 
owner  or  owners  of  or  in  the  possession  under  any  lease  or  contract  for 
the  working  of  any  mine  or  mines  within  the  Territory  of  Nevada,  shall 
have  the  right  to  institute  and  maintain  an  action  as  provided  by  law 
for  the  recovery  of  any  damages  that  may  accrue  by  reason  of  the  man- 
ner in  which  any  mine  or  mines  has  been  or  is  being  worked  and  man- 
aged by  any  person  or  persons,  company  or  corporation,  who  may  be  the 
owner  or  owners  or  in  the  possession  of  and  working  such  mine  or  mines 
under  a  lease  or  contract,  and  to  prevent  the  continuance  of  the  working 
and  managing  such  mine  or  mines  in  such  manner  as  to  hinder,  injure,  or 
by  reason  of  tunnels,  shafts,  drifts,  or  excavations,  the  mode  of  using  or 
the  character  and  size  of  the  timbers  used  or  in  anywise  endangering  the 
safety  of  any  mine  or  mines  adjacent  or  adjoining  thereto. 

SEC.  2.  Any  judgment  obtained  for  damages  under  the  provisions  of 
this  act  shall  become  a  Hen  upon  all  the  property  of  the  judgment  debtor 


MINING   LAWS   OF  NEVADA  TERKITORY.  75 

or  debtors,  not  exempt  from  execution,  in  the  Territory  of  Nevada  owned 
by  him,  her,  or  them,  or  which  may  afterwards  be  acquired,  as  is  now 
provided  for  by  law,  which  lien  shall  continue  two  years  unless  the  judg- 
ment be  sooner  satisfied. 

SEC.  3.  Any  person  or  persons  named  in  the  two  first  sections  of  this 
act  shall  have  the  right  to  apply  for  and  obtain  from  any  District  Court 
or  the  Judge  thereof  within  this  Territory  an  order  of  survey  in  the  fol- 
lowing manner  :  An  application  shall  be  made  by  filing  the  affidavit  of 
the  person  making  the  application,  which  affidavit  shall  state,  as  near  as 
can  be  described,  the  location  of  the  mine  or  mines  of  the  parties  com- 
plained of,  and,  as  far  as  known,  the  names  of  such  parties ;  also  the 
location  of  the  mine  or  mines  of  the  parties  making  such  application, 
and  that  he  has  reason  to  believe  and  does  believe  that  the  said  parties 
complained  of,  their  agent,  or  employes  are  or  have  been  trespassing 
upon  the  mine  or  mines  of  the  party  complaining,  or  are  working  their 
mine  in  such  manner  as  to  damage  or  endanger  the  property  of  the 
affiant.  Upon  the  filing  of  the  affidavit  as  aforesaid,  the  Court  or  Judge 
shall  cause  a  notice  to  be  given  to  the  party  complained  of,  or  the  agent 
thereof,  which  notice  shall  state  the  time,  place,  and  before  whom  the 
application  will  be  heard,  and  shall  cite  the  party  to  appear  in  not  less 
than  five  nor  more  than  ten  days  from  the  date  thereof,  to  show  cause 
why  an  order  of  survey  should  not  be  granted,  and  upon  good  cause 
shown,  the  Court  or  Judge  shall  grant  such  order,  directed  to  some  com- 
petent surveyor  or  surveyors,  or  to  some  competent  mechanics,  or  miners, 
or  both,  as  the  case  may  be,  who  shall  proceed  to  make  the  necessary 
examination  as  directed  by  the  Court  and  report  the  result  and  con- 
clusions to  the  Court,  which  report  shall  be  filed  with  the  Clerk  of  said 
Court.  The  costs  of  the  order  and  survey  shall  be  paid  by  the  persons 
making  the  application,  unless  such  parties  shall  subsequently  maintain 
an  action  and  recover  damages,  as  provided  for  in  the  first  two  sections 
of  this  act,  by  reason  of  a  trespass  or  damage  done  or  threatened  prior 
to  such  survey  or  examination  having  been  made,  and  in  that  case  such 
costs  shall  be  taxed  against  the  defendant  as  other  costs  in  the  suit.  The 
parties  obtaining  such  survey  shall  be  liable  for  any  unnecessary  injury 
done  to  the  property  in  the  making  of  such  survey. 

SEC.  4.   This  act  shall  take  effect  from  and  after  its  passage. 


76  MINING    LAWS   OF   NEVADA   TERRITORY. 


AN  ACT 

Relating  to  the  Manner  of  commencing  Civil  Actions. 

[Approved  December  20th,  1862 ;  Laws  Nevada,  1862,  p.  120.] 

SUITS   AGAINST    MINING    COMPANIES. 

SECTION  1.  In  all  actions  hereafter  brought  on  contract  the  defend- 
ants may  be  sued  by  the  name  or  style  under  which  the  contract  was 
made ;  and  upon  its  being  shown  on  the  trial  who  are  the  persons  of 
whom  the  name  or  style  are  descriptive,  judgment  may  be  rendered 
against  them  as  now  provided  by  law. 

SEC.  2.  In  all  suits  against  any  company  organized  for  mining  pur- 
poses or  against  any  company  transacting  business  or  keeping  an  office 
within  this  Territory  service  may  be  made  by  reading  and  delivering  a 
copy  of  the  summons  to  the  president,  secretary,  cashier,  or  managing 
agent  thereof ;  and  in  case  such  service  cannot  be  had,  then  by  publica- 
tion as  now  provided  by  law. 


AN  ACT 

Defining  the   Time  for  commencing  Civil  Actions. 
[Approved  November  21st,  1861 ;  Laws  Nevada,  1861,  p.  27.] 

ACTIONS   FOR    RECOVERY   OF    MINING    CLAIMS. 

SEC.  4.  No  action  for  the  recovery  of  mining  claims  or  for  the 
recovery  of  the  possession  thereof  shall  be  maintained  unless  it  appear 
that  the  plaintiff  or  his  assigns  was  seized  or  possessed  of  such  mining 
claims  in  question  within  two  years  before  the  commencement  of  such 
action. 


AN  ACT 

For  securing  Liens  to  Mechanics  and  Others. 
[Approved  Nov.  21st,  1861 ;  Laws  Nevada,  1861,  p.  38.]  • 

LIEN    OF    CONTRACTOR   FOR   LABOR    ON   TUNNEL   OR   SHAFT. 

SEC.  12.  When  any  person  or  persons  shall  make  an  express  con- 
tract in  writing  with  any  organized  or  incorporated  mining  company,  or 
with  the  owner  or  owners  of  any  lode  or  lodes  of  gold  or  silver-bearing 
quartz,  or  of  any  other  metal  of  value,  or  with  the  person  or  persons 
who  were^  at  the  time  of  such  contract  in  the  actual  possession  of  such 
lode  or  lodes,  by  himself  or  themselves,  under  bona  fide  claim  of  owner- 


MINING    LAWS   OF  NEVADA  TERRITORY.  77  . 

ship,  to  cut,  excavate,  and  run  a  tunnel  from  any  given  point  into  and 
through  said  lode  or  lodes,  or  sink  a  shaft  thereon  to  the  depth  of  fifty 
feet  or  more,  and  shall  go  on  and  complete  such  contract,  he  or  they 
shall  have  a  lien  upon  said  lode  or  lodes,  together  with  the  tunnel  thereto 
cut  and  run,  or  the  shaft  thereto  sunk,  for  the  amount  contracted  to  be 
paid  ;  and  all  the  provisions  of  this  act  respecting  the  mode  of  record- 
ing, securing,  and  enforcing  mechanics'  liens  shall  apply  thereto. 


AN    ACT 
To  provide  for  the  Conveyance  of  Mining  Claims. 

[Approved  Dec.  12th,  1862 ;  Laws  Nevada,  1862,  p.  12.] 
FORMALITIES   REQUISITE — CONSTRUCTION   AND   PROOF. 

SECTION  1.  Conveyance  of  mining  claims  shall  hereafter  require  the 
same  formalities  and  be  subject  to  the  same  rules  of  construction  as  the 
transfers  and  conveyances  of  other  real  estate.  (See  Laws  of  Nev.,  1861, 

P.  11.) 

SEC.  2.  All  conveyances  of  mining  claims  heretofore  made  by  bills  of 
sale  or  other  instruments  in  writing,  with  or  without  seals,  recorded  or 
unrecorded,  shall  be  construed  in  accordance  with  the  lawful  local  rules, 
regulations,  and  customs  of  the  miners  in  the  several  mining  districts  of 
this  Territory  ;  and  if  heretofore  regarded  valid  and  binding  in  such  dis- 
tricts shall  have  the  same  force  and  effect  between  the  parties  thereto  as 
prima  facie  evidence  of  sale,  as  if  such  conveyances  had  been  made  by 
deed  under  seal. 

SEC.  3.  The  location  and  transfers  of  mining  claims  heretofore  made 
shall  be  established  and  proved,  in  contestation  before  Courts,  by  the 
local  rules,  regulations,  or  customs  of  the  miners  in  the  several  mining 
districts  of  the  Territory  in  which  such  locations  and  transfers  were 
made. 

SEC.  4.     This  act  shall  take  effect  from  and  after  its  passage. 


A  N    ACT 

Concerning  Conveyances. 
[Approved  Nov.  5th,  1861 ;  Laws  Nevada,  1861,  p.  21.] 

MORTGAGEE    OF   MINING   INTERESTS. 

SEC.  77.    This  act  shall  not  be  so  construed  as  to  interfere  or  conflict 
with  the  lawful  mining  rules,  regulations,  or  customs  in  regard  to  the 


78  MINING    LAWS   OF  NEVADA  TERRITORY. 

locating,  holding,  or  forfeiture  of  claims,  but  in  all  cases  of  mortgages 
of  mining  interests  under  this  act,  the  mortgagee  shall  have  the  right  to 
perform  the  same  acts  that  the  mortgagor  might  have  performed  for  the 
purpose  of  preventing  a  forfeiture  of  the  same  under  the  said  rules,  reg- 
ulations, or  customs  of  mines,  and  shall  be  allowed  such  compensation 
therefor  as  shall  be  deemed  just  and  equitable  by  the  Court  ordering  the 
sale  upon  a  foreclosure ;  provided,  that  such  compensation  shall  in  no 
case  exceed  the  amount  realized  from  the  claim  by  a  foreclosure  and  sale. 


AN    ACT 

To  Regulate  Proceedings  in  Civil  Cases  in  the  Courts  of  Justice  of  the 
Territory  of  Nevada. 

CApproved  Nov.  29th,  1861 ;  Laws  Nevada,  1861,  p.  434.] 
PARTITION   OF   A   MINING   CLAIM. 

SEC.  707.  When  several  persons  hold  and  are  in  possession  of  mining 
claims,  as  joint  tenants  or  tenants  in  common,  upon  the  petition  of  one 
or  more  of  the  joint  tenants,  or  tenants  in  common,  the  Court  having 
jurisdiction  shall  appoint  a  commissioner  who  shall  proceed  to  make  a 
partition  of  the  property  to  be  divided,  and  make  a  report  to  the  Court 
as  provided  in  this  act. 

SEC.  708.  In  case  of  partition  of  a  mining  claim,  any  of  the  tenants 
in  common  or  joint  tenants  interested  therein  may  file  an  affidavit  show- 
ing to  the  Court  that  a  sale  for  cash  would  be  injurious  to  him,  her,  or 
them,  the  Court  shall  upon  such  showing  appoint  a  commissioner  who 
shall  decide  such  claim  as  hereinafter  provided  for. 

SEC.  709.  The  commissioner  provided  for  in  the  last  section  shall 
proceed  to  the  place  where  such  claim  is  located,  and  at  such  time  as  the 
Court  may  direct,  within  not  less  than  twenty  nor  more  than  forty  days 
after  such  sale  shall  have  been  ordered  by  the  Court,  shall  sell  such  claim 
at  auction  to  the  highest  bidder,  in  parts  or  parcels  to  the  joint  tenants 
or  tenants  in  common,  and  shall  receive  bids  in  shares  or  undivided  inter- 
ests ;  or  parts  of  such  claim  to  be  divided. 

SEC.  710.  The  party  or  parties  seeking  the  partition  of  such  mining 
claim  shall  be  deemed  the  highest  bidder,  within  the  meaning  of  the  last 
preceding  section,  who  will  take  the  least  part  or  portion  of  such  mining 
claim,  at  a  place  upon  such  claim  to  be  selected  by  him,  her,  or  them, 
in  proportion  to  the  whole  share,  shares,  or  interest  held  by  such  party 
or  parties  ;  provided,  that  if  the  remainder  of  the  joint  tenants  or  tenants 


MINING    LAWS   OF  NEVADA  TERRITORY.  79 

in  common  shall  fail  to  make  a  higher  bid  in  proportion  to  their  joint 
shares  or  interests  in  such  claim,  then  the  bid  of  the  party  or  parties 
seeking  the  partition  shall  be  received  and  declared  to  be  the  highest 
bid,  and  the  commissioner  shall  proceed  to  measure  off  such  claim  to  the 
party  or  parties  as  hereinafter  provided  ;  and  such  claim  or  part  of  the 
claim  so  measured  off  by  said  commissioner  to  the  highest  bidder  shall 
be  and  is  hereby  considered  as  an  entire  surrender  to  the  opposing  party 
the  remainder  of  his  or  her  shares  or  interests  in  said  claim,  thereby 
relinquishing  the  residue  of  the  shares  or  interests  held  by  the  party  to 
whom  was  awarded  the  highest  bid  (not  included  in  the  measurement  of 
said  commissiones)  to  the  adverse  party. 

SEC.  711.  Whenever  any  such  bid  as  mentioned  in  sections  seven 
hundred  and  nine  and  seven  hundred  and  ten,  shall  have  been  received 
and  declared,  the  commissioner  shall  go  upon  the  claim  and  measure  off 
to  such  bidder  the  amount  of  such  claim  so  bid  off,  at  such  place  as  the 
bidder  shall  elect. 

SEC.  712.  After  setting  off  such  bids  as  provided  in  the  last  section, 
the  commissioners  shall  again  receive  bids  as  hereinbefore  provided,  and 
shall  thereafter  measure  off  such  bids  as  provided  for  ;n  section  seven 
hundred  and  ten,  and  shall  continue  in  the  same  manner  to  receive  bids 
and  set  apart  the  same  from  such  claims  until  the  parties  who  still  hold 
an  undivided  portion  of  such  mining  claim  shall  be  satisfied  that  the  sale 
cease,  and  are  content  to  hold  the  remaining  portion  of  such  claim  as 
joint  tenants  or  tenants  in  common,  as  the  case  may  be. 

SEC.  713.  The  Court  may  confirm  or  set  aside  the  report,  and  if 
necessary  appoint  a  new  commissioner.  Upon  the  report  being  con- 
firmed, judgment  shall  be  rendered  that  such  partition  be  effectual  for- 
ever, which  judgment  shall  be  binding  and  conclusive. 


AN    ACT 

Amendatory  of  and  Supplemental  to  an  Act  entitled  an  Act  to  Amend , 
and  Supplemental  to  An  Act  to  Provide  for  the  Assessing  and  Col- 
lecting County  and  Territorial  Revenue. 

[Approved  February  20th,  1864 ;  Laws  Nevada,  1864,  p.  35.] 
TAXATION    OF    MINING    CLAIMS. 

SEC.  4.  *  *  *  *  *  *  Provided,  that  nothing  in  this  section  shall  be 
so  construed  as  to  exempt  from  taxation  possessory  claims  to  the  lands 
or  mines ;  provided,  further,  that  nothing  herein  shall  be  intended  to 


80  MINING    LAWS    OF   NEVADA   TERRITORY. 

interfere  with  the  primary  title  to  the  lands  belonging  to  the  United 
States  ;  and  provided,  further,  all  property,  including  mining  claims  and 
possessory  rights  thereto,  shall  be  taxed  according  to  their  cash  value 
at  the  time  the  assessment  may  be  made. 


LIBRARY 

UNIVERSITY  OF 

CALIFORNIA. 


MINING  LAWS  OF  MEXICO. 


ROYAL    ORDINANCES 

For  the  Direction,  Regulation,  and  Government  of  the  Important  Body 
of  the  Miners  of  New  Spain,  and  of  its  Royal  Tribunal  General. 
By  order  of  His  Majesty,  Madrid,  1783. 

BY     THE      KING. 

BY  a  letter  of  the  24th  of  December,  1771,  my  Viceroy  of  New  Spain 
represented  to  me,  among  other  things,  that  in  order  to  ameliorate  the 
condition  of  the  miners  of  that  kingdom,  to  correct  effectually  and  suit- 
ably the  mischievous  abuses  which  have  been  introduced  among  the  mine 
proprietors,  and  persons  working  in  the  mines,  and  to  obviate  the  mutual 
complaints  resulting  therefrom,  he  considered  it  a  matter  of  extreme 
importance  that  a  new  code  of  General  Ordinances  should  be  framed  for 
the  said  establishment  (of  miners)  in  such  manner  as  to  render  the  gov- 
ernment thereof  more  uniform  and  complete ;  proposing  at  the  same 
time  the  means  which  he  judged  most  likely  to  secure  a  right  method  in 
the  execution  of  so  important  a  work.  From  his  information,  and  from 
what  my  Supreme  Council  of  the  Indies  laid  before  me  upon  this  subject 
in  a  Consult  of  the  13th  of  June,  1773, 1  thought  fit  to  enjoin  and  com- 
mand my  said  Viceroy  by  Royal  letter  of  the  20th  of  July  next  follow- 
ing, among  other  things,  that  there  should  be  formed  the  new  Ordinances 
as  above  proposed,  with  explanations  and  additions  of  all  that  might 
seem  necessary  with  a  view  to  the  actual  state  of  affairs  ;  and  after  con- 
sultation with  the  mine  owners,  and  a  certain  number  of  surveyors,  keep- 
ing in  view  all  the  documents  referred  to  in  his  said  letter,  and  also  the 
collection  of  Laws  and  Statutes  of  my  said  Dominions,  and  especially 
those  which  are  referred  to  by  my  said  Royal  Letter.  Afterwards,  con- 
formably to  a  report  which  was  laid  before  me  on  the  7th  of  August, 
5* 


82  MINING    LAWS    OF   MEXICO. 

1773,  by  a  Junta  of  four  Ministers,  formed  under  my  Orders,  and  with 
my  entire  approbation,  it  was  commanded  to  my  said  Yiceroy  by  a 
Eoyal  Order  of  the  12th  of  November,  then  instant,  that  in  the  Ordi- 
nances which  in  consequence  of  the  said  Royal  Letter,  were  about  to  be 
formed  for  the  government  of  the  mines,  they  should  be  regulated  and 
established  in  an  united  body,  upon  the  model  of  the  Consulates  in  such 
a  manner  as  to  secure  to  its  members  the  necessary  encouragement,  per- 
manency, and  support ;  afterwards,  by  a  letter  of  the  26th  of  September, 

1774,  my  said  Viceroy  represented  to  me  that  the  miners  of  those  my 
Dominions,  had  petitioned  in  a  printed  representation,  dated  the  25th  of 
February  of  the  same  year  (and  accompanying  his  letter),  not  only  to  be 
established  in  a  body,  similar  to  the  Consulates,  as  already  ordained,  but 
that  a  Bank  of  Supplies  should  be  instituted  for  the  encouragement  of 
the  mines  ;  that  a  College  of  Metallurgy  should  be  erected  for  improv- 
ing the  construction  of  the  machinery,  and  for  other  scientific  purposes, 
and  that  a  new  Code  of  Ordinances  should  be  framed  for  the  mines,  pro- 
posing to  derive  the  funds  necessary  for  the  support  of  these  establish- 
ments from  the  amount  of  the  double  seigniorage  duties  payable  on  the 
metals,  from  which  they  hoped  to  be  relieved,  by  reason  of  what  they 
had  stated  in  their  representation,  and  upon  all  these  points  my  said 
Viceroy  suggested  what  he  considered  most  expedient :   Wherefore,  and 
after  considering  the  Report  laid  before  me  thereupon  by  my  Supreme 
Council  of  the  Indies  on  the  23d  of  April,  1776, 1  was  pleased  to  deter- 
mine, amongst  other  things,  and  to  command  by  my  Royal  Letter  of  the 
1st  of  July  of  the  same  year,  that  the  important  society  of  the  Miners 
of  New  Spain  should  be  erected  into  a  Corporate  Establishment  similar 
to  the  Consulates  of  Commerce  in  my  dominions,  giving  them,  for  that 
purpose,  my  Royal  consent  and  necessary  permission,  and  granting  them 
the  power  of  levying  upon  their  silver  one-half  or  two-thirds  part  of  the 
double  duties,  payable  before  that  time  to  my  Royal  Revenue  in  the  way 
of  seigniorage,  but  from  which  I  relieved  them  by  the  said  Royal  Letter ; 
in  consequence  of  all  which,  by  a  Public  Act  or  Sitting  of  the  repre- 
sentative Deputies  of  the  said  Society  held  on  the  4th  of  May,  1777, 
they  proceeded  to  incorporate  themselves,  accordingly,  to  determine  the 
offices  of  which  their  Tribunal  should  consist,  and  to  appoint  the  proper 
persons  to  fill  these  offices.    Their  proceedings  were  laid  before  the  Vice- 
roy, who  approved  of  them  in  my  Royal  Hand,  by  his  decree  of  the  21st 
of  June  of  the  same  year  ;  permitting  to  the  said  Tribunal,  until  my 
Sovereign  Pleasure  should  be  known  concerning  it,  the  exercise  of  all 
the  powers  of  Administration,  direction,  and  management,  as  enjoyed 
according  to  law  by  the  Consulates  of  the  Monarchy  in  all  respects  in 


MINING   LAWS    OF   MEXICO.  83 

which  the  exercise  of  such  powers  should  be  conformable  to  my  Will, 
restraining  them  only  from  the  exercise  of  judicial  authority,  which  is 
permitted  to  the  tribunals  of  the  said  Consulates  of  Commerce,  and  that 
restriction  only  to  operate  till  the  said  New  Ordinances  should  be  framed 
and  approved  of  by  me.  And  the  Viceroy  having  informed  me  of  all 
this  by  letter  of  the  27th  of  the  said  year  1777, 1  thereupon  thought 
fit  to  confirm  the  same  by  my  Eoyal  Order  of  the  29th  of  December 
then  following,  addressed  to  the  said  Viceroy,  commanding  him  thereby  ; 
and  again  by  another  Royal  Order  of  the  20th  of  January,  1778,  that 
if  the  New  Tribunal  of  Miners  had  not  as  yet  formed  their  Ordinances, 
and  laid  them  before  him,  he  should  cause  the  same  to  be  done  with  the 
utmost  dispatch  ;  this  having  been  completed  on  the  21st  of  May  of  the 
said  year,  they  were  transmitted  to  me  by  the  Viceroy,  with  a  letter  of 
the  26th  of  August,  1779,  in  order  that,  after  considering  them,  and  the 
representations  made  concerning  them,  by  the  Fiscal  of  the  Koyal  Au- 
diency  and  by  the  Assessor-General  of  the  Vice-Royalty,  I  might  express 
my  Royal  approbation  thereof.  Lastly,  having  consulted  with  ministers 
of  approved  zeal  and  probity,  and  considered  the  best  means  of  recon- 
ciling most  justly  the  true  interests  of  the  State,  with  the  particular 
welfare  of  the  said  important  body  of  Miners,  I  have,  for  the  direction, 
regulation,  and  government  of  that  body,  and  of  their  Tribunal,  com- 
manded the  publication  of  the  following  Ordinances  : 


CHAPTER    I. 

TRIBUNAL    GENERAL. 

SECTION  1.  The  New  Tribunal  of  Miners  shall  be  styled  "  The  Royal 
Tribunal  General  of  the  Important  Body  of  the  Miners  of  New  Spain," 
and  shall  be  esteemed  and  considered  by  all  other  Tribunals  with  that 
respect  which  is  conducive  to  the  important  purposes  for  which  my  Royal 
pleasure  has  credited  it. 

SEC.  2.  The  Tribunal  shall  be  perpetual,  conformably  to  the  acts  of  its 
creation,  approved  by  me,  and  shall  at  all  times  be  composed  of  an 
Administrator  General,  who  is  to  be  its  President ;  a  Director  General, 
and  three  Deputies  General,  which  latter  persons  may,  in  case  of  neces- 
sity, be  reduced  to  two,  but  never  be  increased. 

SEC.  3.  The  said  offices  are  to  be  filled  only  by  practical  and  intelli- 
gent mine  proprietors,  qualified  for  the  office  by  an  experience  of  more 


84  MINING  LAWS   OF  MEXICO. 

than  ten  years  in  the  operations  of  mines ;  this  qualification  must  be 
strictly  observed,  and  these  persons  must  be  real  American  or  European 
Spaniards,  of  unmixed  descent,  sons  and  descendants  of  ancient  Chris- 
tians, and  born  in  lawful  matrimony,  with  preference  always,  under  these 
circumstances,  to  such  persons  as  may  have  been  Judges  and  Territorial 
Deputies  of  the  mines,  or  may  have  been  much  experienced  in  them. 

SEC.  4.  The  Administrator  and  Director  General  of  this  new  and  first 
creation,  in  consideration  of  their  extraordinary  merit  in  having  sug- 
gested and  promoted  the  reform  of  the  mines,  and  the  establishment  of 
the  body  of  miners,  by  having  directed  their  attention  for  many  years 
past  to  the  means  most  conducive  to  that  end  ;  and  also,  in  consideration 
of  their  especial  knowledge  and  experience  in  such  concerns,  of  the  length 
of  time  during  which  they  have  followed  the  mining  profession,  their 
families  having  pursued  no  other  since  their  first  settlement  in  New 
Spain  ;  and  lastly,  in  consideration  of  the  time  which  is  necessary  to 
accomplish  such  a  project,  and  that  no  persons  can  be  more  likely  to  suc- 
ceed in  its  accomplishment  than  those  with  whom  it  has  originated,  shall 
hold  their  said  offices  for  their  lives,  but  the  Deputies  General,  now  first 
appointed,  shall  only  hold  their  offices  for  the  time  regularly  allotted  to 
them  according  to  the  rule  that  shall  be  laid  down  for  their  alternative 
succession,  over  and  above  the  time  already  elapsed  since  their  appoint- 
ment. 

SEC.  5.  For  the  elections  of  Administrator  and  Director  General  after 
the  death  or  failure  of  the  present,  and  for  those  of  Deputies  General  at 
all  times  henceforward,  there  shall  be  held  in  Mexico  at  the  beginning  of 
the  month  of  December,  once  in  every  three  years,  commencing  from  the 
present  time,  a  Meeting,  consisting  of  one  Deputy  from  each  Mining 
District,  provided  with  sufficient  powers  from  the  miners  of  such  district, 
and  if  any  such  proprietors  shall  not  send  a  Deputy  on  account  of  their 
being  too  remote  or  too  poor  to  pay  the  expenses  of  his  journey  to  Mex- 
ico, and  his  residence  therein,  it  shall  be  sufficient  if  they  send  full  power 
and  instruction  to  any  person  residing  in  that  capital  to  act  for  them, 
provided  the  same  be  not  a  Deputy  or  Agent  for  any  other  Mining  Dis- 
trict ;  but  he  must  be  a  mine  owner  or  mine  supplier. 

SEC.  6.  To  make  a  mine  town  to  have  a  vote  at  the  election,  it  must 
be  proved  to  contain  an  inhabiting  population,  and  a  church,  and  a 
Curate  or  Deputy ;  a  Judge  and  Deputies  of  miners,  six  mines  in  actual 
working,  and  four  Reducing  Establishments. 

SEC.  7.  The  City  of  Guanaxuato  shall  have  six  votes  in  the  said  elec- 
tion ;  that  of  Zacatacas,  four ;  that  of  San  Luis  Potosi,  three ;  that  of 
Pachuca  and  Real  del  Monte,  three.  And  generally  speaking,  the  nrin- 


MINING  LAWS   OF  MEXICO.         .  85 

ing  districts  which  bear  the  title  of  City  shall  have  three  votes  each,  and 
those  which  bear  the  title  of  Town,  or  in  which  there  are  Provincial 
Treasuries,  two  votes  each. 

SEC.  8.  Before  proceeding  to  the  election,  there  shall  be  held  three 
scrutinies,  on  three  several  days,  for  the  qualification  of  persons  eligible 
to  these  offices,  with  this  Proviso :  that  the  person  to  be  elected  Admin- 
istrator General  must  have  been  one  of  the  Deputies  General  during  one 
of  the  preceding  triennial  periods,  except  in  the  case  of  reelection,  when 
it  will  be  necessary  to  observe  what  is  laid  down  in  the  tenth  Section  of 
this  present  Chapter  :  observing,  also,  that  at  the  expiration  of  each  tri- 
ennial period  only  one  new  Deputy  General  shall  be  appointed  to  supply 
the  place  of  the  one  about  to  resign  ;  which  person  so  resigning  at  the 
end  of  the  first  three  years,  is  to  be  the  one  who,  at  the  time  of  the  orig- 
inal appointment,  had  the  smallest  number  of  votes.  The  same  rule  is 
to  be  observed  at  the  end  of  the  second  triennial  period,  and  again  at  the 
end  of  the  third,  with  regard  to  the  last  of  the  three  original  Deputies. 
Afterwards,  at  the  end  of  each  succeeding  triennial  period,  the  senior 
Deputy  shall  always  resign  in  favor  of  the  one  newly  elected.  Confor- 
mably to  these  regulations,  each  Deputy  will  in  future  hold  his  said 
office  for  nine  years,  excepting  in  the  case  of  the  death  of  any  of  them 
before  the  expiration  of  that  time,  in  which  case,  at  the  next  Triennial 
Meeting,  besides  the  Deputy  that  is  to  supply  the  place  of  him  who 
resigns  from  having  completed  his  nine  years,  there  shall  be  another 
appointed  to  fill  the  vacancy  occasioned  by  such  deaths — which  latter, 
in  point  of  seniority,  shall  stand  in  the  place  of  his  predecessor,  in  order 
to  depart  as  little  as  possible  from  the  established  rule  of  succession. 

SEC.  9.  The  Administrator,  the  Director,  and  Deputies  General  shall 
preside  over  the  said  Meeting  of  Electors,  and  shall  have  votes  therein  ; 
and  the  election  shall  take  place  on  the  31st  day  of  December,  by  secret 
lots,  and  those  shall  be  considered  duly  elected  who  have  the  greatest 
number  of  votes  ;  and  in  case  of  any  dispute  arising,  the  election  shall 
fall  upon  that  person  for  whom  the  Administrator  General  shall  give  his 
vote. 

SEC.  10.  To  enable  any  person  to  be  reflected  to  any  of  the  said 
offices  of  the  Koyal  Tribunal,  an  interval  of  three  years  must  have 
elapsed  since  his  last  service,  and  he  must  have  more  than  one-half  of  the 
whole  number  of  votes. 

SEC.  11.  No  person  elected  to  any  of  the  said  offices  can  excuse  him- 
self from  serving  it ;  but  every  such  person  must  accept  the  same  on  the 
day  of  his  election,  before  sun  set,  under  the  penalty  of  two  thousand 
dollars,  and  of  being  obliged  to  serve  such  office,  even  after  the  payment 
of  the  penalty. 


86  MINING   LAWS   OF   MEXICO. 

SEC.  12.  In  case  of  the  death  of  the  Administrator,  the  Director,  or 
any  one  of  the  Deputies  General,  or  of  their  resignation  (which  can  only 
be  allowed  upon  just  and  indispensable  cause),  the  other  members  of  the 
Tribunal  shall  elect  a  temporary  substitute,  who  shall  hold  the  office  till 
the  expiration  of  the  triennial  period  then  subsisting,  and  till  the  next 
general  meeting,  when  a  proper  person  shall  be  elected  conformably  to 
the  Eighth  Section  of  this  present  Chapter. 

SEC.  13.  Those  who  shall  be  elected  Administrator  General  and  Director 
General,  in  succession  to  the  persons  now  filling  those  offices,  and  others 
hereafter,  shall  hold  the  said  offices — the  first  for  six  years,  and  the  second 
for  nine,  with  a  view  to  this  consideration  :  that,  from  the  circumstances 
already  explained,  and  which  are  applicable  to  all  persons  who  compose 
the  Tribunal,  the  Director  ought  to  be  a  person  well  acquainted  with 
the  interests,  concerns,  and  resources  of  the  Establishment ;  with  the 
management  and  working  of  the  mines,  and  with  the  theory  and  practice 
of  the  sciences  relating  thereto — all  which  is  not  to  be  acquired  in  a 
short  time. 

SEC.  14.  The  Factor,  the  Assessor,  and  the  Notary  may  be  appointed 
and  removed,  with  or  without  cause,  at  the  free  will  and  pleasure  of 
the  Royal  Tribunal  General. 

SEC.  15.  In  the  first  General  Meeting,  to  be  held  in  Mexico,  for  the 
purpose  of  carrying  the  present  Ordinances  into  effect,  there  shall  be 
chosen  twelve  Advisers — experienced  mine  proprietors,  or  mine  sup- 
pliers, of  distinguished  reputation,  four  of  whom  shall  be  persons 
resident  in  Mexico.  And  the  Royal  Tribunal  may  consult  all  or  any 
of  them  in  difficult  cases  whenever  it  shall  be  necessary ;  and  in  order 
that  their  employment  may  be  temporary  and  to  avoid  the  inconve- 
nience of  which  might  arise  from  their  being  all  changed  at  the  end  of 
each  triennial  period,  six  others  shall  be  appointed  at  the  next  General 
Meeting,  to  supply,  for  the  second  triennial  period,  the  places  of  those 
six  of  the  first  elected  twelve,  who  shall  have  been  chosen  by  the  smallest 
number  of  votes ;  and  afterwards,  at  the  end  of  each  triennial  period, 
the  six  newly  elected  shall  replace  the  six  who  shall  have  been  the  longest 
in  office — so  that  the  number  of  twelve  will  always  remain  complete. 
And  I  hereby  declare  :  that  the  reelection  of  said  Advisers  in  the  afore- 
said General  Meetings,  shall  be  permitted,  without  regard  to  those  inter- 
vals of  time  and  other  formalities  established  in  the  Tenth  Section  of  this 
present  Chapter,  for  the  regulation  of  the  offices  therein  mentioned ; 
observing  only :  that  their  seniority  is  to  be  reckoned  from  the  period  of 
their  reelection ;  and  I  grant  to  the  same  Advisers  a  seat  in  the  Public 
Sittings  of  the  Royal  Tribunals  next  after  the  Deputies  General ;  and 
when  any  mine  proprietor  from  any  of  the  mine  districts  shall  be  in  Mex- 


MINING   LAWS   OF   MEXICO. 

ico,  I  grant  to  him  the  honor,  dignity,  and  office  of  Adviser  of  the  Royal 
Tribunal,  as  long  as  he  shall  remain  there. 

SEC.  16.  On  the  days  of  scrutiny  and  before  proceeding  to  the  elec- 
tion, there  shall  be  laid  before  the  general  meeting  a  clear  and  correct 
statement  of  the  funds  with  which  the  body  of  Miners  have  been  en- 
dowed, what  they  have  produced,  and  how  they  have  been  applied,  dur- 
ing the  preceding  triennial  period,  as  well  as  of  the  Bank  of  Supplies, 
its  gains  and  losses,  showing  at  one  view  the  condition  of  the  body  of 
miners  at  that  time,  their  concerns  and  possessions  in  money  and  effects, 
their  claims,  debts,  dues,  and  affairs  of  all  kinds. 

SEC.  17.  Before  proceeding  to  the  scrutinies  the  permission  of  the 
Yiceroy  must  be  obtained  ;  and  after  they  are  concluded,  an  account 
thereof  must  be  rendered  to  him  similar  to  the  practice  of  the  Tribunal 
of  Commerce  of  that  capital  (Mexico). 

SEC.  18.  To  the  Director  General  shall  also  belong  the  offices  of  Fiscal 
and  Promoter  of  the  important  body  of  Miners,  and  he  shall  in  conse- 
quence represent,  suggest,  and  propose  to  the  Royal  Tribunal,  whatever 
he  may  judge  conducive  to  the  advancement  and  success  of  that  estab- 
lishment, giving  them  also,  in  proper  time,  such  advice  and  caution,  as 
might  tend  to  obviate  whatever  he  may  consider  as  prejudicial  to  their 
interest. 

SEC.  19.  The  Royal  Tribunal  shall  transmit  to  me  annually,  through 
the  Yiceroy,  an  account  of  the  working  of  the  mines  and  of  the  concerns 
of  the  body  of  Miners  ;  and,  moreover,  they  may  communicate  with  me, 
extraordinarily,  through  the  same  channel  upon  great  occasions  when  it 
may  be  necessary. 

SEC.  20.  The  Royal  Tribunal  may  have  a  representative  at  the  City 
and  Court  of  Madrid  for  the  protection  of  its  interests,  and  in  case  it 
should  seem  necessary,  upon  any  weighty  occasion,  to  send  a  confidential 
person  to  communicate  with  the  same  Court,  they  must,  in  the  first 
instance,  satisfy  the  Yiceroy  of  the  importance  of  the  matter  which 
obliges  them  to  incur  such  expense,  and  must  procure  his  certificate  of 
the  same,  which  will  precede  my  royal  license. 

SEC.  21.  The  Clerk  of  the  Royal  Tribunal  shall  keep  a  minute  book 
of  resolutions,  in  which  shall  be  entered  all  the  determinations  relative  to 
the  administration  and  economy  of  the  mines,  whether  the  same  be 
intended  only  to  last  for  a  time  or  to  be  permanent  and  perpetual. 

SEC.  22.  There  shall  be  preserved  in  the  Royal  Tribunal,  the  originals 
of  the  royal  letters  patent,  orders,  and  declarations  which  have  proceeded 
or  may  proceed  from  me ;  as  also  the  official  letters  from  the  Yiceroys, 
and  copies  of  the  orders  that  have  been  or  shall  be  received  through 


88  MINING  LAWS   OF  MEXICO. 

their  hands,  and  lastly,  all  acts  and  fundamental  decrees  relating  to  the 
creation  or  administration  of  the  Eoyal  Tribunal,  all  which  shall  be  care- 
fully preserved  in  the  archives ;  and  there  shall  be  a  book  kept  in  which 
there  shall  be  an  accurate  account  of  the  same,  which  may  be  referred  to 
as  occasion  may  require ;  and  I  prohibit  the  originals  from  being  ever 
taken  out  to  be  exhibited,  but  permit  accurate  copies  or  extracts  to  be 
taken,  compared,  and  corrected,  in  due  form,  according  to  law. 

SEC.  23.  Before  proceeding  to  the  triennial  elections  an  inventory  shall 
be  drawn  up,  and  the  papers,  both  of  the  archives  and  of  the  office  of 
the  Tribunal,  shall  be  inspected  by  two  of  the  deputies,  in  order  that  it 
may  be  ascertained  whether  they  correspond  with  the  inventory  of  the 
preceding  triennial  period,  and  the  papers  received  within  the  last  three 
years  shall  be  then  added  to  the  former. 

SEC.  24.  The  Secretary  of  the  Koyal  Tribunal  shall  be  one  of  the 
Royal  Notaries,  duly  instructed  and  admitted  to  his  office,  and  possessing 
all  those  qualifications  required  by  the  law  in  persons  filling  that  office, 
and  must  be.  moreover,  a  person  of  good  birth,  character,  and  education, 
and  of  good  conduct  and  respectable  habits,  in  order  that  by  these  means 
the  office  may  be  held  in  honor,  and  that  he  who  holds  it  may  be  respected 
and  esteemed  both  in  the  Tribunal  and  elsewhere,  and  lie  is  to  be 
addressed  by  the  title  of  Don. 

SEC.  25.  The  Secretary  shall  propose  to  the  Royal  Tribunal  three 
persons,  one  of  whom  is  to  be  appointed  chief  official  to  the  Court,  and 
another  second  official,  if  necessary,  but  he  shall  have  free  permission  and 
authority  to  appoint  and  remove  at  his  pleasure  the  writer  or  writers 
whom  he  shall  employ  for  the  Tribunal. 

SEC.  26.  The  Royal  Tribunal  shall  appoint  two  messengers  or  porters, 
who  are  to  execute  its  orders,  provided  that  they  be  persons  of  good 
character  and  Spaniards. 

SEC.  27.  The  Royal  Tribunal  shall  draw  up  a  table  of  fees  or  wages 
to  be  received  by  persons  employed  in  Mexico,  and  in  the  mining  districts, 
but  the  same  is  not  to  be  reduced  into  practice  until  it  shall  have  been 
laid  before  the  Royal  Audiency  of  each  District,  qualified  or  regulated 
by  them  and  transmitted  to  me  for  my  royal  approbation. 

SEC.  28.  The  Administrator,  the  Director,  and  Deputies  General  of 
Mexico,  and  all  other  persons  employed,  shall,  at  the  time  of  entering 
upon  their  respective  offices,  make  oath  that  they  will  truly  and  faithfully 
discharge  the  duties  thereof,  that  they  will  observe  these  ordinances,  and 
cause  them  to  be  observed,  and  that  they  will  observe  secrecy  in  the 
causes  and  affairs  submitted  to  them,  and  also  that  they  will  maintain 
the  mystery  of  the  Immaculate  Conception  of  Our  Lady. 


MINING  LAWS   OP  MEXICO.  89 


CHAPTER    II. 

JUDGES   AND    DEPUTIES. 

SECTION  1.  The  respective  Royal  Courts  shall  be  Judges  of  the  Mines, 
conformably  to  the  laws  established  for  the  Government  of  the  Indies,  in 
all  cases  which  are  not  expressly  referred  to  by  these  ordinances  to  the 
Deputation  of  the  Body  of  Miners. 

SEC.  2.  All  those  who  for  more  than  one  year  shall  have  worked  one 
or  more  mines  applying  as  owners  thereof,  in  whole  or  in  part,  their  cap- 
ital, labor,  or  personal  attention  and  care,  shall  be  enrolled  amongst  the 
miners  of  the  district,  and  their  names  shall  be  noted  in  the  book  of 
enrollment  to  be  kept  by  the  Judge  and  Clerk  of  that  mining  district. 

SEC.  3.  The  miners  so  enrolled,  and  the  mine  suppliers  (being  miners), 
the  persons  who  reduce  by  contract,  and  the  proprietors  of  works  for 
stamping  and  smelting  ores  in  each  district,  shall  assemble  in  the  begin- 
ning of  January  in  each  year,  according  to  custom,  at  the  house  of  the 
Judge,  for  the  purpose  of  electing  the  persons  who  are  to  exercise  the 
office  of  Deputy  for  such  district  for  the  ensuing  year,  which  persons 
either  must  be  or  must  have  been  mine  proprietors,  of  superior  practice 
and  intelligence — men  of  good  conduct,  trustworthy,  and  possessed  of  all 
the  qualifications  requisite  for  such  office. 

SEC.  4.  Every  one  of  the  miners  thus  enrolled  shall  have  one  vote  at 
such  elections;  moreover,  if  the  mine  suppliers,  being  miners  as  afore- 
said, the  reducers  by  contract,  and  the  owners  of  such  works  as  are  men- 
tioned in  the  preceding  section,  each  two  persons  shall  have  one  vote 
between  them,  and  they  shall  not  themselves  be  eligible  as  deputies, 
unless  they  be  also  mine  owners,  and  possess  the  necessary  qualifications. 

SEC.  5.  When  there  is  a  very  great  number  of  voters,  as  in  Guanaxuato, 
the  same  practice  which  has  hitherto  prevailed  shall  be  continued  in  such 
district,  namely,  of  choosing  beforehand  the  electors  who  are  to  proceed 
to  the  election  of  Deputies. 

SEC.  6.  The  Administrators  of  Mines  may  vote  instead  of  their  prin- 
cipals, provided  the  latter  do  not  reside  in  that  neighborhood,  and  pro- 
vided such  Administrators  be  fully  authorized  by  their  principals  for  that 
purpose,  and  such  Administrators  shall  be  eligible  as  Deputies  if  their 
occupations  permit  it  and  they  have  the  necessary  qualifications. 

SEC.  7.  The  Judge  of  Mines  of  each  mine  town  or  establishment, 
together  with  the  Deputies  of  the  preceding  year,  shall  preside  at  and 
regulate  the  election,  and  shall  have  votes  at  the  same ;  and  in  case  of  dis- 
pute the  vote  of  the  Judge  shall  be  decisive,  and  those  persons  who  have 


90  MINING  LAWS   OF  MEXICO. 

the  greater  number  of  votes,  qualified  and  computed  as  before  determined, 
shall  be  considered  as  duly  elected. 

SEC.  8.  In  each  mine  town,  or  establishment,  there  shall  be  a  deputa- 
tion consisting  of  two  Deputies,  and  to  the  end  that  those  employments 
may  be  for  the  duration  of  two  years,  and  that  one  of  such  Deputies 
may  be  a  person  well  qualified  for  the  office,  in  the  first  year  alone  of 
carrying  this  ordinance  into  effect,  two  Deputies  shall  be  appointed,  but 
in  every  succeeding  year  only  one,  who  is  to  replace  the  Deputy  then 
oldest  in  office,  and  as  this  cannot  be  complied  with  at  the  second  elec- 
tion (i.  e.  at  the  end  of  the  first  year),  that  Deputy  of  the  two  first 
elected  shall  remain  in  office  during  the  second  year,  who  at  the  first 
appointment  was  elected  by  the  greatest  number  of  votes,  so  that  the 
other  of  the  two  first  elected  Deputies  will  be  in  office  only  for  one  year. 

SEC.  9.  There  shall  also  be  elected  in  the  same  manner  in  each  Mine 
Town,  or  Establishment,  four  substitutes,  who  are  to  supply  the  place  of 
the  Deputies,  in  the  case  of  their  refusal  to  serve,  their  death,  illness, 
necessary  absence,  or  other  just  impediment,  and  to  assist  at  the  several 
Courts  of  Appeal  in  such  cases  and  circumstances  as  may  occur,  and 
which  will  be  treated  of  in  their  proper  place  ;  but  in  districts  where  the 
electors  themselves  are  to  be  nominated,  according  to  the  fifth  section  of 
this  present  chapter,  those  -four  who  shall  have  the  greater  number  of 
votes  are  to  be  the  substitutes  for  the  first  year,  and  it  is  to  be  understood 
that  these  offices  are  to  be  also  for  the  duration  of  two  years,  and  in 
each  successive  year  only  two  new  substitutes  are  to  be  chosen,  observ- 
ing with  regard  to  them  the  same  rule  which  has  been  laid  down  for  the 
election  of  Deputies  in  the  preceding  section  ;  and  for  the  sake  of  greater 
perspicuity,  and  to  prevent  all  arbitrary  acts  in  the  succession,  either  to 
the  said  offices  of  Substitutes  or  to  those  of  Advisers,  as  directed  by 
several  sections  of  these  Ordinances,  those  persons  shall  always  be  pre- 
ferred who  shall  have  had  the  greater  number  of  votes  at  their  respective 
elections,  when  the  elections  have  been  on  one  and  the  same  day ;  but  in 
other  cases  those  who  have  been  longest  in  office  shall  be  preferred. 

SEC.  10.  The  said  substitutes  shall  also  be  recorders  of  their  respect- 
ive districts,  and  sh$ll  observe  and  procure  whatever  may  appear  neces- 
sary for  the  common  interests  of  the  miners  in  their  neighborhood,  and 
by  virtue  of  this  office  shall  have  a  superior  claim  to  be  elected  as  depu- 
ties or  to  other  offices  connected  with  the  mines. 

SEC.  11.  The  persons  elected  as  deputies  must  accept  the  office  within 
three  days  of  the  time  of  their  election  under  a  penalty  of  one  thousand 
dollars,  which  penalty  is  to  go  to  the  fund  of  that  district,  and  the  per- 
son refusing  to  accept  shall  be  obliged  to  serve  the  office,  notwithstand- 


MINING  LAWS   OF  MEXICO.  91 

ing  the  payment  of  such  penalty  ;  and  even  though  there  may  appear  a 
just  cause  for  his  refusal,  he  must  accept  the  office  notwithstanding,  and 
serve  it  until  such  cause  shall  have  been  admitted  by  the  Royal  Tribunal 
General  of  the  Miners,  to  which  body  it  must  be  submitted. 

SEC.  12.  It  is  forbidden  to  reelect  any  person  to  any  one  of  the  before- 
mentioned  offices,  until  the  expiration  of  two  years  from  his  last  serving 
in  such  office,  and  the  person  reflected,  after  such  interval,  must  accept 
the  same  office  under  a  penalty  of  five  hundred  dollars,  which  penalty  is 
to  be  paid  to  the  general  fund  of  the  district,  and  he  shall  be  obliged  to 
serve  the  office,  notwithstanding  the  payment  of  such  penalty  ;  without 
prejudice,  however,  to  any  sufficient  cause  of  exemption  which  he  may 
have,  but  this  must  be  submitted  to  the  Royal  Tribunal  General  of  Mex- 
ico, and  he  must  serve  the  office  in  the  meantime  as  directed  by  the  pre- 
ceding section. 

SEC.  13.  All  the  mine  proprietors,  mine  suppliers,  persons  reducing  by 
contract,  and  owners  of  reducing  establishments  of  the  respective  dis- 
tricts shall  confer  on  the  new  deputies  power  to  promote  their  interest 
and  pretensions,  and  for  all  the  usual  purposes,  and  shall  swear  to  obey 
them  in  all  that  relates  to  the  exercise  of  their  offices  ;  and  the  deputies 
themselves  shall  take  upon  them  their  office  according  to  law,  and  swear 
to  observe  these  ordinances  (which  are  to  be  read  at  every  election  at  the 
time  of  their  entering  into  office),  and  to  maintain  secrecy  in  the  causes 
which  come  under  their  cognizance. 

SEC.  14.  As  soon  as  the  election  is  over,  an  account  of  it  and  proper 
notice  shall  be  immediately  transmitted  to  the  Royal  Tribunal  General 
of  the  Miners,  in  order  that  if  there  shall  appear  to  be  no  defect  or 
irregularity  in  the  conduct  of  it,  it  may  be  approved  of  by  the  Supreme 
Government  of  New  Spain ;  and  be  it  understood,  that  no  charges  what- 
ever shall  be  made  for  the  procuring  of  such  approval,  nor  for  any  of  the 
formalities  which  must  precede  it. 

SEC.  15.  The  Territorial  Deputies,  the  Inspectors,  and  Surveyors  of 
mines  shall  receive  no  pay  from  my  Royal  Treasury,  but  shall  be  sup- 
ported from  the  profits  of  the  respective  mines,  agreeably  to  the  laws 
upon  that  subject,  for  which  purpose  the  Royal  Tribunal  General  of 
Mexico  shall  impose  certain  moderate  duties,  according  to  the  conditions 
and  circumstances  of  each  mine  district,  in  the  manner  and  under  the 
rules  laid  down  by  Sec.  36  of  Chap.  Ill,  of  these  Ordinances. 

SEC.  16.  In  the  month  of  February  in  every  year  the  Territorial  Dep- 
utations shall  submit  to  the  Royal  Tribunal  General  of  Mexico  a  report 
upon  the  condition  of  the  mines  and  miners  in  their  respective  districts, 
and  their  dependencies,  suggesting  such  measures  as  may  appear  to  them 


92  MINING  LAWS   OF  MEXICO. 

conducive  to  the  preservation  and  better  advancement  of  the  same,  and 
also  upon  the  quantity  of  silver  produced,  and  of  quicksilver  consumed 
in  the  preceding  year,  upon  the  number  of  mines  which  are  in  the  course 
of  actual  working,  as  well  as  such  as  have  been  abandoned,  and  why  they 
have  been  so  abandoned,  and  upon  those  which  have  been  newly  discov- 
ered or  reestablished,  requiring  for  this  purpose  from  the  Provincial 
Courts,  and  treasuries,  and  other  offices,  all  certificates,  attestations,  and 
other  documents  which  may  be  necessary.  And  it  is  hereby  ordered, 
that  the  said  reports  and  documents  be  laid  before  the  Yiceroy,  in  order 
that,  after  acquainting  himself  with  their  contents,  he  may  submit  them 
to  me,  with  a  suggestion  of  such  measures  as  he  may  deem  advisable, 
and  likely  to  meet  with  my  Koyal  approbation. 


CHAPTER   III. 

JURISDICTION   IN    MINING   CAUSES,   AND    THE    MODE    OF    PROCEEDING   AND 
PASSING   JUDGMENT. 

SECTION  1.  I  grant  to  the  Eoyal  Tribunal  General  of  the  Miners  the 
power  of  hearing  and  deciding  all  concerns  relating  to  the  administration, 
direction,  and  management  of  the  body  of  miners,  and  I  therefore  declare 
that  the  Territorial  Deputations  of  all  the  mining  districts  shall  be  fully 
and  entirely  subordinate  to  it  in  all  such  matters  of  administration. 

SEC.  2.  The  Koyal  Tribunal  General  shall  moreover  take  cognizance 
of  all  causes  arising  out  of  the  discovery,  denunciation,  right  of  prop- 
erty, extent,  draining,  desertion,  and  destruction  of  the  supports  or  pillars 
of  the  mines,  and  of  all  that  may  occur  in  the  same  to  the  prejudice  of 
the  operations  therein,  and  in  contravention  of  these  Ordinances,  and  also 
of  whatever  relates  to  the  supply  of  mines,  the  sale  or  exchange  of  ores, 
or  silver  and  gold,  of  copper,  lead,  and  other  mineral  substances,  instru- 
ments for  reducing,  and  of  other  things  of  the  same  nature  ;  but  I  declare 
that  such  power  of  deciding  causes  shall  only  be  exercised  by  the  said 
Eoyal  Tribunal  General  within  twenty-five  leagues  of  the  Capital  of 
Mexico. 

SEC.  3.  Without  detracting  from  the  peculiar  jurisdiction  of  admin- 
istration granted  to  the  Eoyal  Tribunal  by  the  first  article  of  this  section, 
the  same  power  shall  be  exercised  by  the  Territorial  Deputations  in  their 
respective  territories  in  causes  which  may  occur,  but  only  by  the  two 
deputies  jointly  for  the  support  and  encouragement  of  the  mining  opera- 


MINING  LAWS   OF  MEXICO.  93 

tions  in  their  particular  district,  the  interest  and  advantage  of  the  pro- 
prietors of  mines,  the  preservation  and  increase  of  the  population,  the 
due  administration  of  justice,  the  welfare  of  the  inhabitants,  and  the 
relief  of  the  poor  ;  be  it,  however,  understood,  that  the  same  shall  be  done 
in  an  immediate  subordination  to  the  Royal  Tribunal  General,  as  directed 
in  the  said  first  article,  with  this  proviso,  that  they  are  not  to  exercise 
any  formal  acts  of  jurisdiction  except  in  such  causes  as  are  expressly 
referred  to  them  by  these  Ordinances. 

SEC.  4.  The  Territorial  Deputation  shall,  in  their  respective  districts, 
have  the  peculiar  power  or  jurisdiction  of  deciding  causes,  which  I  have 
in  the  second  section  of  this  article  granted  to  the  Royal  Tribunal  Gen- 
eral in  all  such  matters  as  are  there  expressed,  proceeding  in  and  decid- 
ing the  same  in  a  manner  wholly  independent  of  the  said  Royal  Tribunal 
General ;  since,  in  the  exercise  of  such  jurisdiction,  they  are  not  to  act 
subordinately  to  the  said  Tribunal,  which  is  hereby  prohibited  from  tak- 
ing cognizance  of,  or  interfering  with  any  such  causes  and  proceedings 
out  of  their  own  jurisdiction. 

SEC.  5.  Since  all  the  foregoing  causes  and  disputes  are  to  be  deter- 
mined between  the  parties  in  the  shortest  and  most  summary  manner, 
according  to  justice  and  the  customary  good  faith  of  commercial  trans- 
actions, without  any  of  the  usual  delays  and  written  declarations,  or 
petitions  of  lawyers,  it  is  my  will  that  whenever  any  person  shall  appear 
before  the  Royal  Tribunal,  or  before  th%  Territorial  Deputation  of  any 
of  the  mining  districts,  to  commence  an  action  or  suit,  they  shall  not 
allow  any  complaint  or  proceedings  to  be  presented  in  writing  until  after 
they  shall  have  cited  before  them  both  parties,  where  it  is  practicable  to 
do  so,  and  heard  orally  their  several  causes  of  actions,  and  replies  or 
objections,  and  endeavored  to  compromise  and  settle  the  matter  in  dis- 
pute between  them  with  the  utmost  possible  dispatch  ;  but  if  they  should 
not  succeed  in  bringing  about  the  arrangement  between  the  parties,  and 
if  the  subject  in  question  shall  exceed  the  sum  or  value  of  two  hundred 
dollars  (for  all  causes  relating  to  sums  not  exceeding  that  amount  are  to 
be  decided  orally,  whether  the  parties  consent  to  it  or  not) ,  then  the  peti- 
tions or  claims  in  writing  may  be  received,  provided  the  same  have  neither 
been  drawn  up,  arranged,  or  signed  by  lawyers  ;  and  whenever  it  shall  be 
necessary  to  proceed  in  any  cause,  in  consequence  of  not  having  been  able 
to  arrange  and  settle  the  same  orally  between  the  parties,  then  the 
demands  or  requests  of  the  complainant  shall  all  be  received  and  attended 
to  previously  to  the  hearing  of  any  on  the  part  of  the  defendant. 

SEC.  6.  In  consideration  of  the  object  above  expressed,  of  procuring 
a  decision  in  all  causes  and  disputes  in  the  shortest  and  most  summary 


94  MINING  LAWS   OF  MEXICO. 

manner,  according  to  justice  and  good  faith,  I  hereby  ordain  and  com- 
mand, for  the  better  attainment  of  that  end,  that  in  actions  before  the 
said  Royal  Tribunal  and  Territorial  Deputations  in  the  first  instance,  as 
also  in  causes  of  appeal  and  in  the  judgments  to  be  pronounced  therein, 
they  shall  pay  no  regard  to  any  defect  in  the  proceedings,  or  want  of  at- 
tention to  the  minute  formalities  of  the  law,  or  any  irregularity  of  dic- 
tion, but  shall  in  all  causes  decide  and  judge  with  a  strict  regard  to  the 
merits  of  the  case,  and  for  that  purpose  they  shall  officially  examine  the 
necessary  witnesses,  provided  they  do  not  exceed  the  number  of  ten,  and 
take  the  depositions  of  parties  where  it  may  be  thought  requisite,  and 
shall  thereupon  give  and  pronounce  their  determination  and  judgment  or 
sentence. 

SEC.  7.  In  order  to  avoid  all  useless  and  malicious  appeals,  which  are 
made  for  the  sole  purpose  of  preventing  the  course  and  execution  of 
justice,  I  ordain  that  no  one  shall  be  allowed  to  appeal  from  the  Judges 
of  the  said  Royal  Tribunal  or  from  the  said  Territorial  Deputations  un- 
less it  be  in  consequence  of  definitive  judgments  or  interlocutory  decrees 
containing  irreparable  aggrievement,  and  any  appeal  which  may  be  made 
in  contravention  of  this  article  shall  not  be  valid,  and  neither  the  Judges 
of  the  said  Tribunal  nor  the  Territorial  Deputations  are  to  admit  the 
same,  but  shall  proceed  in  the  cause  and  pronounce  their  judgment  or 
sentence  definitively. 

SEC.  8.  All  interlocutory  decrees  and  judgments  or  sentences  are  to 
be  signed  by  the  Administrator  General  and  by  both  the  Deputies  Gen- 
eral of  the  Royal  Tribunal,  even  if  any  one  of  them  should  dissent  from 
the  other  two ;  for  the  opinion  of  the  Administrator  General  and  one 
Deputy  General  or  that  of  the  two  Deputies  General  is  to  decide  the 
sentence  or  judgment,  and  the  one  who  dissents  is  to  sign  his  name  not- 
withstanding. 

SEC.  9.  The  Territorial  Deputies  may  each  separately  proceed  in 
causes  for  the  sake  of  their  brevity  and  dispatch  which  are  so  desirable 
for  the  interests  of  the  body  of  miners,  but  in  passing  and  pronouncing 
definitive  judgments  or  sentences  and  interlocutory  decrees,  which  might 
cause  irreparable  aggrievement,  they  shall  act  in  conjunction,  and  if  they 
should  not  agree  concerning  the  same,  they  shall  call  in  the  respective 
substitute,  according  to  the  rules  already  laid  down,  in  order  that  the 
majority  of  opinions  and  such  determination  shall  be  signed  by  all  three, 
as  provided  in  the  preceding  section. 

SEC.  10.  In  all  points  of  law  which  are  not  clearly  laid  down  in  these 
Ordinances,  the  Royal  Tribunal  Generals  shall  avail  themselves  of  the 
assistance  of  any  able  and  conscientious  lawyer  whom  they  may  select 


MINING  LAWS   OF  MEXICO.  95 

for  the  purpose,  and  the  Territorial  Deputations  may  confer  with  any 
such  person  who  may  be  in  the  town  or  place  where  they  reside ;  and  in 
case  he  should  be  objected  to,  or  if  there  should  be  no  lawyer  in  the 
place,  then  they  shall  act  with  the  assistance  of  the  respective  Provincial 
Judge  appointed  by  me,  which  latter  is  not  to  be  objected  to  unless  there 
be  another  person  who  can  supply  his  place  ;  and  I  further  declare,  both 
with  regard  to  this  and  the  preceding  section,  that  any  person  who  may 
have  given  his  opinion  in  causes  in  the  first  instance  shall  not  give  it  in 
the  second. 

SEC.  11.  When  the  proceedings  in  any  case  are  concluded,  and  final 
decision  is  about  to  take  place,  or  at  any  time  whenever  the  Judges  of 
the  Eoyal  Tribunal  or  the  Territorial  Deputations  may  think  it  neces- 
sary, such  proceedings  shall  be  submitted  to  them  by  the  Clerks  of  the 
Court  before  whom  they  were  taken  down  who  are  to  sum  up  the  con- 
tents in  the  usual  manner  and  with  that  brevity  which  is  so  desirable  for 
the  interests  of  the  miners. 

SEC.  12.  The  decrees  and  judgments  or  sentences  of  the  Tribunal 
General  and  of  the  Territorial  Deputations,  if  not  appealed  against  and 
when  they  have  acquired  the  authority  of  a  final  decision,  are  to  be  car- 
ried into  effect  in  a  short  and  summary  manner  ;  those  of  the  Tribunal 
by  their  two  messengers  or  porters,  who  are  to  exercise  the  functions  of 
executive  Bailiffs ;  and  those  of  the  Territorial  Deputations  by  the  or- 
dinary Bailiffs  of  the  places  where  they  reside,  and  the  former,  as  well  as 
the  latter,  shall  command  and  desire  all  other  Judges  and  Courts  whom 
it  may  concern  to  afford  them  any  aid  or  assistance  which  they  may 
require. 

SEC.  13.  In  causes  of  appeal  against  any  such  definitive  sentences  or 
decrees,  by  either  of  the  parties,  where  the  matter  in  dispute  shall  exceed 
the  value  of  four  hundred  dollars  (for  in  all  causes  regarding  a  less  amount 
no  appeal  shall  be  admissible  and  the  decisions  of  the  Judges  of  the  Royal 
Tribunal  or  of  the  Territorial  Deputations  shall  be  finally  carried  into 
effect),  those  from  the  Royal  Tribunal  General  shall  be  received  by  the 
Court  of  Appeals,  about  to  be  established  in  Mexico,  and  which  is  to 
be  composed  of  a  Judge  of  the  Real  Audiencia  of  that  place,  to  be  ap- 
pointed by  the  Vicerory  in  the  same  manner  and  for  the  same  term  as 
the  one  intended  for  the  Royal  Tribunal  of  the  Consulate  or  Chamber 
67  Commerce,  of  the  Director  General  of  Mines,  and  of  a  proprietor  of 
mines,  who  is  to  be  elected  for  that  purpose  every  third  year  in  the  Gen- 
eral Assembly  of  Miners  from  amongst  whom  such  as  have  been  Admin- 
istrators, Directors,  Deputies  General,  or  one  of  those  four  Advisers,  who 
are  to  reside  constantly  in  Mexico  as  directed  in  a  former  section ;  and 


Ub  MINING  LAWS   OF  MEXICO. 

the  appeals  from  the  Territorial  Deputations  within  the  distance  of 
twenty  leagues  in  every  direction  from  the  City  of  Guadalaxara  shall  be 
in  the  same  manner  received  by  the  Court  of  Appeal,  which  I  have 
ordered  to  be  created  there  and  which  is  to  be  composed  of  one  of  the 
Judges  of  the  Real  Audiencia  of  that  place,  to  be  appointed  by  the  act- 
ing President  thereof  for  the  time  and  in  the  same  manner  as  the  one  for 
the  Consulate  or  Chamber  of  Commerce  in  Mexico,  and  of  two  pro- 
prietors of  mines  of  known  character  and  possessing  all  the  requisite 
qualifications,  who  shall  be  appointed  co-Judges  of  Appeal  in  the  City 
of  Guadalaxara,  from  amongst  those  residing  there  in  the  said  General 
Assembly  of  Miners  to  be  held  every  three  years  in  Mexico  as  before 
directed ;  but  if  there  should  not  be  any  resident  proprietors  of  mines 
in  the  aforesaid  city  possessing  the  necessary  qualifications  for  such  office, 
then  others  who  reside  elsewhere  may  be  chosen  at  the  said  triennial 
election  ;  provided,  that  under  the  same  circumstances  of  eligibility  pref- 
erence shall  be  given  to  such  as  live  at  the  shortest  distance,  even  if  they 
be  substitutes  for  any  mining  district,  and  the  appeals  from  all  other 
Territorial  Deputations  shall  be  received  in  the  manner  prescribed  by  the 
respective  Courts  of  Appeal  to  be  erected  in  each  province,  and  which  are 
to  be  composed  of  the  principal  Provincial  Judge  appointed  by  me  and 
of  such  two  of  the  four  Substitutes  of  Miners  for  the  mining  district  as 
may  be  nearest  to  the  residence  of  such  Judge  respectively  according  to 
the  rules  already  laid  down  ;  and  if  in  the  same  place  or  at  an  equal  dis- 
tance there  sha.l  reside  any  one  or  more  of  the  twelve  Advisers  before 
mentioned,  they  shall  by  preference  be  appointed  co-Judges  of  Appeal, 
and  whenever  the  said  Judge  shall  not  be  of  the  profession  of  law  the 
Court  in  which  he  presides  shall  in  all  points  and  matters  where  it  may 
be  requisite  avail  themselves  of  the  assistance  of  an  able  and  con- 
scientious lawyer. 

SEC.  14.  All  such  causes  of  appeal  shall  be  conducted  in  a  short  and 
summary  manner,  according  to  the  practice  in  commercial  causes,  with- 
out introducing  any  new  terms  or  expressions  which  may  give  rise  to 
unnecessary  delays  or  proofs,  or  admitting  proceedings  and  writings  of 
able  lawyers,  or  any  others,  except  a  statement  of  the  cause  of  the  appel- 
lant, and  the  replies  of  the  other  party  or  parties,  with  a  strict  regard  to 
truth,  and  the  customary  good  faith  of  commercial  transactions  ;  and  in 
like  manner  the  cause  shall  be  decided. 

SEC.  15.  All  such  appeals  are  to  be  entered  on  or  before  the  third  day 
after  the  notification  of  the  decree  or  sentence,  and  in  no  other  manner  ; 
and  they  may  be  commenced  by  a  letter  from  the  appellant,  stating  either 
that  he  will  transmit  full  power  for  carrying  on  the  proceedings,  or  that 
he  will  appear  in  person. 


MINING   LAWS    OF   MEXICO.  97 

SEC.  16.  Whenever  the  Courts  of  Appeal  shall  confirm  the  sentence 
of  the  Royal  Tribunal  General  of  Miners  or  of  the  Territorial  Deputa- 
tions in  the  several  causes,  no  further  appeal  shall  be  admitted,  and  such 
sentence  shall  be  immediately  carried  into  effect,  and  for  that  purpose 
shall  be  forthwith  sent  back  to  the  respective  Judges. 

SEC.  17.  But  in  case  they  (the  Courts  of  Appeal)  should  reverse  the 
same,  either  altogether  or  in  part,  and  either  of  the  litigant  parties  should 
appeal  or  apply  for  a  new  trial,  the  Judges  of  Appeal  shall  appoint  in 
the  respective  cases  two  other  co-Judges,  who  in  Mexico  are  to  be  chosen 
from  the  four  advisers  residing  in  that  capital,  in  Guadalaxara,  from  the 
proprietors  of  mines  residing  there,  with  preference  to  such  as  are  advi- 
sers, if  there  be  any  in  that  city,  and  in  default  of  either  they  may  be 
chosen  from  the  proprietors  of  mines  residing  elsewhere,  regard  being 
shown  to  the  considerations  expressed  in  the  thirteenth  section  of  this 
chapter  ;  and  in  all  the  other  Courts  of  Appeal  the  Judge  may  appoint 
any  of  the  four  respective  substitutes  ;  provided,  however,  that  there  be 
no  legal  objections  to  any  such  individuals,  and  if  there  should  be  such 
objections  in  respect  to  all  of  them,  the  nomination  may  fall  on  any  other 
proprietors  of  mines  having  the  necessary  qualifications  ;  observing, 
however,  that  where  any  one  or  more  of  the  twelve  advisers  of  the  Eoyal 
Tribunal  General  shall  reside,  they  shall  be  preferred  to  the  substitutes. 

SEC.  18.  From  the  judgment  or  sentence,  to  be  given  in  this  third 
instance  (whether  confirming,  reversing,  or  amending  the  former  sentence, 
either  altogether  or  in  part),  there  shall  be  no  further  appeal,  and  the 
cause  shall  then  be  returned  to  the  Court  to  which  it  belongs,  for  the 
fulfillment  and  final  execution  which  are  also  to  be  proceeded  with,  in  a 
short  and  summary  manner,  as  before  directed ;  but  I  hereby  declare, 
that  there  shall  still  remain  open  to  the  parties  the  legal  remedy  of  a  fur- 
ther application  to  my  Royal  person,  in  my  Supreme  Council  of  the 
Indies,  provided  it  shall  appear  that  the  sum  in  dispute  amounts  to 
$20,000  or  upwards,  on  finding  the  security  required  by  law,  and  without 
prejudice  to  the  execution  of  the  sentence  already  pronounced,  and  after 
providing  further  security  that  they  will  submit  to  the  final  decision, 
whatsoever  it  may  be. 

SEC.  19.  In  the  decision  of  the  before-mentioned  causes  of  appeal,  the 
sentence  shall  be  determined  by  two  opinions  out  of  the  three,  whether 
they  be  those  of  the  Judge  and  one  of  the  co-Judges  of  the  respective 
Courts  of  Appeal,  or  those  of  the  two  co-Judges,  without  that  \>f  the 
presiding  Judge,  and  in  either  case  the  same  shall  be  signed  by  all  three. 

SEC.  20.  Causes  relating  to  possession  and  property  shall  be  deter- 
mined jointly  (by  all  the  Judges),  and  in  the  first  place  restitution  shall 

6 


98  MINING   LAWS   OF   MEXICO. 

be  made  to  persons  who  may  have  been  forcibly  dispossessed  of  any 
property  ;  but  this  shall  not  apply  to  persons  who  may  have  been  de- 
prived of  possession  by  the  decree  or  sentence  of  any  Judge,  even  if  the 
same  shall  be  represented  to  be  unjust. 

SEC.  21.  !N"o  mine  in  dispute  shall,  for  any  reasons,  or  on  any  account, 
be  shut  up,  nor  shall  its  workings  be  suspended,  even  at  the  request  of 
the  parties ;  but  an  inspector  shall  be  appointed,  with  the  approbation 
of  the  party  requiring  the  same,  without,  however,  removing  from  the 
mine  anything  belonging  to  it,  yet  such  interventor  shall  be  dispensed 
with  on  full  and  sufficient  security  being  given  to  the  satisfaction  of  the 
opposite  party,  and  I  declare  that  the  working  a  mine  is  then  only  to  be 
suspended  when  the  same  shall  be  represented  to  be  in  a  ruinous  condi- 
tion without  the  necessary  support  of  timber  work,  and  such  shall  appear 
to  be  the  fact  in  the  opinion  of  surveyors  who  shall  immediately,  without 
loss  of  time,  inspect  and  proceed  to  reestablish  the  said  works  and  restore 
them  to  a  good  condition,  in  order  that,  whenever  the  working  shall  be 
resumed,  it  may  be  carried  on  without  danger. 

SEC.  22.  All  executive  demands  shall  be  proceeded  in  according  to 
law,  as  far  as  respects  the  order  of  process,  but  with  a  strict  regard  to 
truth  and  good  faith,  and  without  letting  in  any  of  those  delays  or  subtil- 
ties  which  retard  and  interrupt  the  dispatch. 

SEC.  23.  Whenever  it  shall  be  necessary  to  carry  into  effect  an  execu- 
tion in  any  mine  or  reducing  establishment,  the  same  shall  not  be  seques- 
tered, nor  put  up  for  sale,  nor  yet  the  machines,  iron  work,  or  tools, 
implements,  slaves,  cattle,  buildings,  materials,  or  any  of  the  necessary 
stores  or  provisions ;  but  such  execution  shall  only  be  put  in  force  with 
regard  to  the  gold  and  silver  ores  and  other  produce  of  the  mine,  after 
deducting  what  may  be  necessary  to  meet  the  expense  of  carrying  on  the 
reducing  of  such  ores,  which  is  by  no  means  to  be  interrupted,  for  which 
purpose  an  interventor  shall  be  appointed,  to  be  approved  of  by  the 
plaintiff,  if  the  latter  does  not  choose  to  undertake  the  management  of 
the  mine  himself ;  or  by  the  defendant,  in  case  the  plaintiff  shall  take  the 
same  on  his  own  account ;  and  such  interventor  is  to  be  immediately 
withdrawn  on  the  liquidation  of  the  debts  ;  and  in  either  case  he  shall 
render  weekly  accounts  of  the  produce  and  expenses  of  the  mine,  to  be 
in  due  time  laid  before  the  Judges  in  the  cause,  together  with  the  several 
receipts  or  vouchers,  and  proper  affidavits  on  such  items,  which  cannot 
otherwise  be  verified,  for  the  benefit  of  whichever  party  may  be  entitled 
thereto,  according  to  the  definitive  judgment  or  sentence  pronounced  in 
the  cause. 

SEC.  24.  If  the  defendant  shall  give  up  his  property,  and  the  same 


MINING  LAWS   OF  MEXICO.  99 

shall  comprise  any  mine  or  mines,  notice  shall  be  given  to  his  creditor  or 
creditors  to  undertake  the  working  thereof  on  their  own  account,  and  not 
to  suffer  them  to  be  suspended ;  and  in  default  of  their  compliance  before 
the  expiration  of  the  time  to  be  fixed  by  these  Ordinances,  such  mines 
shall  be  considered  as  deserted  and  abandoned,  and  shall  belong  to  the  first 
person  who  may  denounce  the  same,  to  the  exclusion  of  all  former  claims. 

SEC.  25.  The  wages  of  the  laborers  of  any  mine  or  reducing  establish- 
ment taken  in  execution,  and  the  salary  of  the  interventor,  shall  by  no 
means*  be  placed  on  the  same  footing  with  the  other  debts,  but  shall  be 
paid  immediately  out  of  the  first  proceeds,  although  the  whole  of  such 
proceeds  should  not  amount  to  more. 

SEC.  26.  In  case  of  the  suspension  of  the  working,  any  one  of  the 
creditors  shall  offer  to  undertake  the  same  with  his  own  capital,  the  others 
having  refused  to  contribute  their  proportions,  such  creditor  shall  have 
the  preference,  not  only  in  the  satisfaction  of  his  new  demand,  but  also 
with  respect  to  his  former  claims,  even  where  the  same  may  not  have 
arisen  from  the  supply  of  such  mine  or  establishment. 

SEC.  27.  Whenever,  in  causes  before  other  Courts,  whether  relating  to 
judgments  concerning  inventories,  hereditary  succession,  general  partner- 
ships, consent  of  creditors,  or  cession  of  property,  any  mines  and  the 
establishments,  or  other  dependencies  belonging  to  the  same,  are  com- 
prised amongst  the  other  property  depending  in  the  cause,  I  ordain  that 
the  Judge  of  such  Courts  shall  transmit  an  official  letter,  with  notice 
thereof  to  the  respective  Court  of  Miners,  whose  duty  in  shall  be  to  take 
care  that  the  working  of  such  mine  or  establishment  be  kept  without 
prejudice  to  the  rights  or  claims  of  the  party  or  parties  concerned  ;  and 
the  said  Court  of  Miners  shall  reserve  the  proceeds  thereof  for  the  dis- 
posal of  the  principal  Judge  in  such  cause,  and  shall  also,  in  case  of  any 
widows,  minors,  or  absent  persons  being  interested  therein,  effectually 
protect  and  support  their  claims,  and  thus  maintain  that  firm  and  recip- 
rocal union  which  contribute  to  the  preservation,  welfare,  and  prosperity 
of  the  whole  body. 

SEC.  28.  In  causes  and  suits  relating  to  mines,  an  extension  of  the 
whole  term  may  be  granted  ;  but  be  it  understood,  that  this  utmost  term 
allowed  by  the  law  shall  not  take  place  in  behalf  of  certain  privileged 
persons,  in  which  cases  half  of  the  original  term  may  be  granted. 

SEC.  29.  In  all  criminal  causes,  such  as  the  purloining  of  ore,  gold,  or 
silver,  lead,  tools  and  implements,  or  any  other  articles  belonging  to  the 
mines  or  the  reducing  establishments,  offenses  committed  in  the  same, 
whether  by  one  workman  against  another,  or  in  consequence  of  any 
breach  of  subordination  on  their  part  towards  the  officers  or  captains  set 


100  MINING   LAWS    OF   MEXICO. 

over  them,  or  by  the  misconduct  of  either  of  these  classes  towards  their 
masters,  the  proprietors  of  the  mines  ;  and  finally,  in  cases  of  insult,  con- 
tumelious language,  or  want  of  respect  towards  any  of  the  Courts  of 
Miners,  the  Koyal  Tribunal  General  in  Mexico,  or  the  Territorial  Depu- 
tations, shall  take  cognizance,  each  in  their  respective  districts,  proceed- 
ing in  and  deciding  such  causes  as  are  of  minor  importance,  in  the  most 
summary  manner  according  to  law,  and  the  nature  of  such  offenses,  with 
a  strict  regard  to  good  faith,  and  in  the  order  already  established  for  civil 
causes  ;  but  in  those  which,  on  account  of  their  magnitude  and  aggrava- 
tion, require  by  law  the  infliction  of  severe  penalties,  mutilation,  other 
corporal  punishments,  the  said  Courts  of  Miners  shall  only  exercise  the 
limited  jurisdiction  of  apprehending  the  criminals,  drawing  up  the  pro- 
cesses, and  transmitting  the  same  to  the  Royal  Judge  of  the  respective 
provinces,  in  order  that  the  latter  may  in  due  time  lay  them  before  the 
criminal  chamber  of  the  Real  Audiencia  of  the  district  for  their  final 
decision. 

SEC.  30.  If  in  such  criminal  causes  of  minor  importance  as  are  treated 
of  in  the  preceding  section,  and  the  jurisdiction  of  which  has  been 
granted  to  the  Courts  of  Miners  for  their  cognizance  and  determination, 
provided  they  proceed  in  and  decide  the  same  in  the  manner  directed, 
any  parties  shall  appeal,  they  are  to  be  entitled  to  all  the  legal  remedies 
to  be  determined  by  the  Courts  of  Appeal  in  the  manner  and  form  already 
prescribed  with  regard  to  civil  causes,  observing  the  order  required  in 
cases  of  this  nature. 

SEC.  31.  Whenever  any  contentions  shall  arise  between  the  Tribunal 
General  of  Miners,  the  territorial  jurisdictions,  and  any  other  Courts  or 
tribunals  concerning  the  extent  of  their  several  jurisdictions,  I  ordain 
and  command  that  the  Yiceroy  of  New  Spain  shall  decide  the  same,  and 
that  his  determination  shall  be  observed  and  complied  with  without  any 
other  appeal ;  and  that  the  Yiceroy  shall  in  such  cases  take  the  opinion 
of  learned  and  able  lawyers  not  connected  with  either  of  the  Courts 
between  whom  such  question  may  have  arisen. 

SEC.  32.  I  expressly  prohibit  the  arbitrary  application  of  the  pecuniary 
fines  to  be  imposed  by  any  of  the  Courts  of  Miners,  in  the  exercise  either 
of  the  criminal  or  civil  jurisdiction  granted  to  them,  and  I  ordain  that 
they  shall  be  applied  in  equal  third  parts  to  my  Royal  Exchequer,  the 
expenses  of  justice,  and  to  such  further  objects  as  by  law  directed. 

SEC.  33.  The  Administrator  and  the  Deputies  General  shall  assemble 
in  Court  every  day  (except  on  holy  days  and  those  on  which  it  is  neces- 
sary to  hear  Mass),  from  the  hour  of  eight  to  that  of  eleven,  and  also  on 


MINING  LAWS   OF  MEXICO.  101 

extraordinary  occasions  in  the  evening,  and  on  any  day  whatever  when 
the  urgency  and  importance  of  any  affair  may  require  it. 

SEC.  34.  The  Director  General  shall  have  a  vote  in  all  matters  relating 
to  the  direction,  administration,  and  management,  the  jurisdiction  of 
which  has  been  granted  to  the  Eoyal  Tribunal  General  in  Mexico,  and 
due  and  special  notice  shall  be  sent  to  him  on  all  such  occasions  to  attend  ; 
but  I  declare  that  he  shall  have  no  vote  in  the  substantiation  and  deter- 
mination of  any  pleadings  or  suits,  except  only  in  causes  before  the  Court 
of  Appeal  in  Mexico,  of  which  he  has  been  appointed  a  member. 

SEC.  35.  All  matters  relating  to  public  works  or  supplies,  to  those  of 
the  roads  or  highways,  and  other  objects  of  the  same  nature,  are  to  be 
under  the  peculiar  cognizance  and  jurisdiction  of  the  Eoyal  Judges  and 
Magistrates  of  each  district,  but  the  Royal  Tribunal  General  in  Mexico 
and  the  Territorial  Deputations  shall  give  such  instructions  as  they  may 
deem  expedient  to  the  said  Judges  and  Magistrates,  in  order  that  all 
such  works  and  supplies  may  be  regulated  and  proportioned  in  the  most 
fair  and  equitable  manner,  proceeding  therein  with  a  mutual  understand- 
ing and  acting  in  concert  together. 

SEC.  36.  All  taxes  and  duties,  or  imposts,  as  well  public  as  private, 
between  individuals  of  the  mining  body,  which  immediately  affect  the 
advancement  and  working  of  the  mines  and  reducing  establishments,  the 
remuneration  or  salaries  of  those  who  compose  the  territorial  jurisdictions 
of  miners,  and  of  persons  appointed  to  any  of  the  new  offices  or  situa- 
tions treated  of  in  these  ordinances,  are  to  be  proposed  and  regulated  by 
the  Royal  Tribunal  General  in  Mexico,  and  by  the  Territorial  Deputa- 
tions, each  in  their  respective  districts,  but  the  latter  shall  be  obliged  to 
lay  them,  together  with  the  requisite  proofs  or  attestations,  before  the 
Royal  Court  of  the  district  for  their  sanction,  but  such  taxes,  duties,  and 
imposts  shall  not  be  established  or  carried  into  effect  without  having 
been  previously  submitted  to  the  Viceroy  of  New  Spain,  in  order  that, 
after  the  necessary  inquiries  respecting  them  by  his  superior  power,  they 
may  be  laid  before  me  for  my  sovereign  determination,  for  which  purpose 
a  report  thereof  shall  be  transmitted  to  me  by  the  Viceroy. 

SEC.  37.  The  Royal  Tribunal  General  in  Mexico  shall  also  immedi- 
ately lay  before  the  Yiceroy  an  exact  estimate  of  the  salaries  to  be 
allowed  to  the  principal  individuals  filling  offices  in  the  Tribunal,  and  of 
the  inferior"  officers  appointed  or  to  be  appointed  in  pursuance  of  these 
Ordinances,  in  order  that  the  same  may  be  referred  to  me  by  the  Yice- 
roy, with  his  remarks  thereon,  for  my  royal  approbation,  which  is  neces- 
sary to  the  secure  establishment  of  the  said  Tribunal. 


102  MINING  LAWS   OP  MEXICO. 


CHAPTER     IV. 

ORDER     OF     PROCEEDING    IN    LAW    SUITS     IN     CASES     OF    A   VACANCY     OR 
NECESSARY  ABSENCE   OF  ANY  OF    THE    JUDGES    OR    OF    THEIR  REFUSAL. 

SECTION  1.  The  Royal  Tribunal  General  of  the  Mines  shall  not  enter 
upon  any  business  which  is  in  litigation  without  the  assembling  of  three 
of  its  members ;  and  if  at  any  time  on  account  of  illness,  necessary 
absence,  or  any  other  just  and  lawful  impediment  whatsoever,  as  by  the 
Judge  being  interested  in  the  question,  or  by  his  being  related  to  any  of 
the  litigating  parties,  that  number  of  Judges  cannot  be  assembled,  such 
of  the  advisers  residing  in  the  capital  of  Mexico  as  are  properly  eligible 
to  the  same  office  by  the  rules  already  laid  down,  and  the  proper  number 
shall  be  thus  completed  ;  and  the  same  thing  shall  be  done  with  regard 
to  the  number  of  the  Judges  of  Appeal,  which  is  never  to  be  less  than 
three,  according  to  what  has  already  been  laid  down  in  these  Ordinances, 
and  whenever  in  consequence  of  any  of  the  before-mentioned  impediments 
any  one  of  the  Territorial  Deputies  cannot  or  ought  not  to  be  Judge  in 
any  such  litigated  cause,  his  place  shall  be  supplied  by  the  proper  sub- 
stitute accordingly. 

SEC.  2.  I  prohibit  the  absolute  refusal  of  all  the  Judges  of  the  Koyal 
Tribunal  General,  and  of  those  of  Appeals,  but  one  or  two  particular 
members  may  refuse,  assigning  reasons  and  giving  security,  it  being 
understood  that  those  refusing  shall  not  be  heard,  or  any  refusal  admitted, 
after  a  determination  has  been  made  concerning  them. 

SEC.  3.  In  the  same  mannejr  the  two  Territorial  Deputies  acting  as 
Judges  of  the  Mines  shall  not  refuse  though  either  of  them  may. 

SEC.  4.  In  cases  where  the  refusal  shall  be  lawful  and  admitted,  whether 
in  causes  in  the  first  instance,  or  in  those  before  the  Courts  of  Appeal, 
the  vacancy  shall  be  filled  up  in  the  first  instance  according  to  the  first 
section  of  this  present  chapter,  and  in  the  latter  by  the  appointment  of 
the  respective  Judges  of  Appeal  according  to  section  seventeen  of  chap- 
ter three  of  these  Ordinances. 


CHAPTER  v. 

ORIGINAL    OWNERSHIP     OF     MINES,    GRANTS     TO     INDIVIDUALS,     AND     THE 
DUTIES    TO    BE    PAID. 

SECTION  1.  The  mines  are  the  property  of  my  royal  crown,  as  well  by 
their  nature  and  origin  as  by  their  reunion  declared  by  the  fourth  law  of 


MINING  LAWS   OF  MEXICO.  103 

the  thirteenth  title  of  the  sixth  book  of  the  new  compilation  of  laws 
and  statutes. 

SEC.  2.  Without  separating  them  from  my  royal  patrimony,  I  grant 
them  to  my  subjects  in  property  and  possession  in  such  manner  that  they 
may  sell,  exchange  (pass  by  will  either  in  the  way  of  inheritance  or  leg- 
acy) ,  or  in  any  other  manner  dispose  of  all  their  property  in  them  upon 
the  terms  on  which  they  themselves  possess  it,  and  to  persons  legally 
capable  of  acquiring  it. 

SEC.  3.  Be  it  understood  that  this  grant  is  made  upon  two  conditions  : 
first,  that  they  (my  subjects)  shall  pay  to  my  Koyal  Treasury  the  propor- 
tion of  metal  reserved  thereto ;  and  secondly,  that  they  shall  carry  on 
their  operations  in  the  mines  subject  to  the  provisions  of  these  Ordinances, 
on  failure  of  which  at  any  time  the  mines  of  persons  so  making  default 
shall  be  considered  as  forfeited  and  may  be  granted  to  any  person  who 
shall  denounce  them  accordingly. 


CHAPTER  VI. 

MANNER   OF   ACQUIRING   MINES  ;   NEW   DISCOVERIES  J   REGISTERS   AND   DE- 
NOUNCEMENT. 

SECTION  1.  As  it  is  most  just  and  proper  to  reward  with  particularity 
and  distinction  those  persons  who  devote  themselves  to  the  discovery  of 
new  mineral  places  and  metallic  veins  found  therein  in  proportion  to  the 
importance  and  utility  of  such  discovery,  I  order  and  command  that  the 
discoverers  of  one  or  more  mineral  mountains,  wherein  no  mine  or  shaft 
has  been  opened  before,  acquire  in  the  principal  vein  as  much  as  three  por- 
tions, together  or  separate  where  it  best  pleases  them,  according  to  the 
measures  hereafter  signified ;  and  that  on  having  discovered  more  veins, 
they  shall  acquire  a  portion  in  each  vein,  fixing  on  and  marking  the  said 
portions  within  the  term  of  ten  days. 

SEC.  2.  The  discoverer  of  a  new  vein  in  a  mountain  known  and 
worked  in  other  parts  may  hold  in  it  two  portions  together  or  separated 
by  other  mines,  on  condition  that  he  specifies  them  within  ten  days,  as 
mentioned  in  the  preceding  section. 

SEC.  3.  He  who  proposes  for  a  new  mine  in  a  vein  already  known  and 
worked  in  part  is  not  to  be  considered  a  discoverer. 

SEC.  4.  The  persons  .referred  to  in  the  preceding  sections  must  present 
a  written  statement  to  the  Deputation  of  Miners  in  that  district,  or  in 


104  MINING   LAWS    OF   MEXICO. 

case  there  should  not  be  one  in  that  district,  to  the  nearest  thereunto, 
specifying  in  it  his  name,  those  of  his  associates  (if  he  has  any),  the  place 
of  his  birth,  his  place  of  habitation,  profession,  and  employment,  together 
with  the  most  particular  and  distinguishing  features  of  the  tract,  mount- 
ain, or  vein  of  which  he  claims  the  discovery ;  all  which  circumstances, 
as  well  as  the  hour  in  which  the  discoverer  shall  present  himself,  must  be 
noted  down  in  a  register  kept  by  the  Deputation  and  Clerk  (if  they  have 
one) ;  and  after  this,  the  said  written  statement  shall,  for  his  due  security, 
be  restored  to  the  discoverer,  and  notices  of  its  object  and  contents  shall 
be  affixed  to  the  doors  of  the  church,  the  government-houses,  and  other 
public  buildings  of  the  town  for  the  sake  of  general  notoriety. 

And  I  ordain  that  within  the  term  of  ninety  days  the  discoverer  shall 
cause  to  be  made  in  the  vein  or  veins  so  registered  a  pit  of  yard  and  a 
half  in  diameter  or  breadth  and  ten  yards  (varas)  in  depth,  and  that 
immediately  on  the  existence  of  the  vein  being  ascertained  one  of  the 
Deputies  in  person  shall  visit  it,  accompanied  by  the  Clerk  (if  there  is 
one),  or  if  there  be  no  Clerk,  by  two  assisting  witnesses,  and  by  the 
Mining  Professor  of  that  territory,  in  order  to  inspect  the  course  and 
direction  of  the  vein,  its  size,  its  inclination  on  the  horizon,  called  its  fall- 
ing or  declivity,  its  hardness  or  softness,  the  greater  or  less  firmness  of  its 
bed,  and  the  principal  marks  and  species  of  the  mineral ;  taking  exact 
account  of  all  this  in  order  to  add  the  same  to  the  entry  in  the  register, 
together  with  the  act  of  possession,  which  must  immediately  be  given  to 
the  discoverer  in  my  Royal  name,  measuring  him  his  portion,  and  mak- 
ing him  inclose  it  by  poles  at  the  limits  as  hereafter  declared  ;  after  which 
an  authentic  copy  of  the  proceedings  shall  be  delivered  to  him  for  the 
security  of  his  title. 

SEC.  %.  If  during  the  above  named  ninety  days  any  one  should  appear 
asserting  a  right  to  the  said  discovery,  a  brief  judicial  hearing  shall  be 
granted,  and  judgment  given  in  favor  of  him  who  best  proves  his  claim  ; 
however  if  this  should  happen  after  the  stated  time  he  (the  new  claimant) 
shall  not  be  heard. 

SEC.  6.  The  restorers  of  ancient  mines  which  have  been  abandoned 
and  left  to  decay,  shall  enjoy  the  same  privileges  as  discoverers,  of  choos- 
ing and  possessing  three  portions  in  the  principal  vein  and  one  in  each  of 
the  others,  and  both  revivers  and  discoverers  shall,  as  an  especial  reward, 
be  on  all  occasions  preferred  to  other  persons  under  parity  of  circum- 
stances. 

SEC.  7.  If  there  arises  any  question  as  to  who  has  been  the  first  dis- 
coverer of  a  vein,  he  shall  be  considered  as  such  who  first  found  metal 
therein,  even  though  others  may  have  made  an  opening  previously ;  and 


MINING  LAWS   OF  MEXICO.  105 

in  case  of  further  doubt,  he  who  first  gets  it  registered  shall  be  consid- 
ered as  the  discoverer. 

SEC.  8.  Whoever  shall  denounce  in  the  terms  hereafter  expressed  any 
mine  that  has  been  deserted  and  abandoned  shall  have  his  denouncement 
received,  if  he  therein  sets  forth  the  circumstances  already  declared  in 
section  four  of  this  chapter,  the  actual  existence  of  the  mine  in  question, 
the  name  of  its  last  possessor,  if  he  is  acquainted  with  the  same,  and 
those  of  the  neighboring  miners,  all  of  whom  shall  be  lawfully  sum- 
moned, and  if  within  ten  days  they  do  not  appear,  the  denouncement 
shall  be  publicly  declared  on  the  three  following  Sundays ;  this  meeting 
with  no  opposition,  it  shall  be  signified  to  the  denouncer  that  within  sixty 
days  he  must  have  cleared  and  reinstated  some  work  of  considerable 
depth,  or  at  least  of  ten  yards  perpendicular  and  within  the  bed  of  the 
vein,  in  order  that  the  Mining  Professor  may  inspect  its  course  and  in- 
clination and  all  its  peculiar  circumstances  as  is  declared  in  the  above- 
named  section  four.  The  said  Professor  should,  if  it  is  possible,  examine 
the  pits  and  works  of  the  mine  and  see  if  they  are  decayed,  destroyed,  or 
inundated ;  whether  they  contain  a  draft  pit  or  adit  or  are  capable  of 
such ;  whether  they  have  an  outer  court,  a  whim,  machines,  rooms  for 
habitation,  and  stables ;  and  an  account  and  register  of  all  these  circum- 
stances must  be  entered  in  the  corresponding  book  of  denouncements, 
which  should  be  kept  separately.  And  the  said  examination  being  made, 
the  portions  being  measured  and  bounded  by  stakes  in  the  ground,  as 
shall  hereafter  be  explained,  possession  of  them  shall  be  given  to  the 
denouncer,  without  regard  to  any  opposition,  which  cannot  be  attended 
to  unless  made  within  the  term  before  described;  however,  if  dur- 
ing that  time  any  opposition  is  brought  forward  the  parties  shall  have  a 
brief  judicial  hearing  and  the  cause  be  determined  accordingly. 

SEC.  9.  If  the  former  mine  owner  should  appear  in  order  to  oppose 
the  denouncement  when  the  three  public  proclamations  are  over  and 
when  the  denouncer  has  commenced  the  sixty  days  allowed  for  reinstat- 
ing the  pit  of  ten  yards,  he  shall  not  be  heard  as  to  the  possession,  but 
only  as  to  his  right  in  the  property  ;  and  if  he  succeeds  in  establishing 
this,  he  must  make  good  the  expenses  incurred  by  the  denouncer,  unless 
the  latter  is  proved  to  have  acted  fraudulently,  in  which  case  he  must 
lose  such  expenses. 

SEC.  10.  If  the  denouncer  does  not  make  or  complete  the  shaft  as  pre- 
scribed, nor  take  possession  within  the  sixty  days,  he  loses  his  right,  and 
any  other  person  has  the  power  of  denouncing  the  mine.  If,  however, 
from  the  ground  being  entirely  broken  up  or  otherwise  difficult  and  im- 
practicable, or  for  any  other  real  and  serious  obstacle  he  has  been  unable 

6* 


106  MINING   LAWS   OF   MEXICO. 

to  complete  the  same  within  the  said  sixty  days,  he  must  have  recourse 
to  the  respective  Territorial  Deputation,  when  his  difficulties  being 
examined  and  proved,  the  period  may  be  prolonged  for  as  long  a  time  as 
the  Deputation  may  think  necessary  for  the  purpose,  and  no  more ;  no 
opposition  to  his  claim  being  admitted  after  the  ordinary  term  of  sixty 
days. 

SEC.  11.  If  any  one  denounce  a  mine  as  forfeited  on  account  of  the 
non-observance  of  any  of  these  Ordinances  which  bear  that  penalty,  such 
claim  shall  be  allowed  to  him,  provided  he  can  lawfully  establish  any 
such  cause  of  forfeiture. 

SEC.  12.  If  the  former  possessor  of  the  mine,  or  any  person  claiming 
in  right  of  him,  shall  declare  the  having  left  therein  any  exterior  or  mov- 
able works  made  at  his  expense,  such  as  coverings  of  outer  courts, 
machines,  or  other  things  of  this  class,  and  of  which  the  denouncer  may 
usefully  avail  himself,  he  shall  be  paid  for  them  according  to  the  valua- 
tion of  surveyors. 

SEC.  13.  If  any  one  shall  denounce  any  intermediate  space  in  the 
vicinity  of  mines  already  occupied,  it  can  only  I  e  granted  him  in  case 
the  owners  of  the  adjoining  mines,  or  any  of  them,  should  not  desire  it 
for  themselves  ;  however,  if  these  persons  have  not  occupied  it,  or  shall 
not  do  so  within  the  time  which  the  Deputations  of  that  Territory,  after 
considering  the  circumstances  of  the  case,  shall  prescribe,  it  shall  be 
adjudged  to  the  denouncer. 

SEC.  14.  Any  one  may  discover  and  denounce  a  vein  not  only  on  com- 
mon land  but  also  on  the  property  of  any  individual,  provided  he  pays 
for  the  extent  of  surface  above  the  same  and  the  damage  which  immedi- 
ately ensues  therefrom,  according  to  the  valuation  of  surveyors  on  both 
sides  and^  arbitration  in  case  of  disagreement ;  the  same  is  to  be  under- 
stood with  regard  to  denouncing  convenient  places  for  erecting  establish- 
ments, and  also  waters  for  moving  the  machines  employed  for  the  reduction 
of  ores,  commonly  called  reducing  establishments,  provided  in  each  case 
that  no  more  of  the  water  be  used  than  is  necessary  for  such  purposes. 

SEC.  15.  If,  however,  any  one  denounces  a  mine  or  establishment  within 
a  town  or  village,  whereby  its  principal  edifices  might  be  injured,  or 
other  similar  inconvenience  might  arise,  the  denouncement  shall  not  be 
admitted  without  previous  application  to  the  Royal  Tribunal  General  of 
Mexico,  in  order  that  they,  after  consulting  with  the  Supreme  Govern- 
ment, may  determine  the  case  with  all  due  prudence  and  circumspection. 

SEC.  16.  Any  one  may  denounce  the  ancient  site  of  an  establishment, 
without  paying  anything  for  the  same,  although  there  may  be  found 
thereon  walls,  drains,  yard,  washing-places,  furnaces,  chimneys,  dwelling- 


MINING   LAWS    OF   MEXICO.  107 

houses,  etc.,  provided  they  are  totally  deficient  in  roofs,  machines,  tools, 
and  timber  work  ;  if  these  latter  exist  the  former  proprietor  must  have 
notice  sent  him  to  reestablish,  sell,  or  let  them,  within  the  space  of  four 
mouths,  and  on  his  failure  to  do  so,  they  shall  be  granted  to  the  de- 
nouncer, on  condition  of  his  paying  the  said  proprietor  for  useful  mova- 
bles, according  to  the  appraisement  and  judgment  of  surveyors. 

SEC.  17.  I  prohibit  any  one  (not  being  the  discoverer)  from  denouncing 
two  contiguous  mines  upon  one  and  the  same  vein ;  but  I  permit  any 
person  to  acquire  and  possess  one  by  denouncement,  and  another  or  more 
by  purchase,  gift,  inheritance,  or  other  just  title.  And  I  further  declare 
that  if  any  one  desires  to  attempt  the  re  establishment  of  several  inun- 
dated or  decayed  mines,  or  other  considerable  enterprise  of  this  kind,  and 
for  this  purpose  claims  the  grant  of  several  portions,  although  they  be 
contiguous  and  upon  the  same  vein,  such  claim  must  be  laid  before  the 
Eoyal  Tribunal  General  of  Mexico,  in  order  that  the  circumstances  and 
importance  of  the  undertaking  being  ascertained,  they  may  acquaint  the 
Viceroy  therewith,  who,  on  finding  therein  nothing  prejudicial  to  the  body 
of  the  miners,  the  public,  or  my  Eoyal  Treasury,  shall  grant  him  this 
and  other  privileges,  exemptions,  arid  aids,  on  condition  that  my  Koyal 
approbation  is  previously  obtained  to  all  such  favors,  which  cannot  be 
granted  by  the  ordinary  authority  of  the  Viceroy. 

SEC.  18.  Beds  of  ore  and  other  depositories  of  gold  and  silver,  on  be- 
ing discovered,  shall  be  registered  and  denounced  in  the  same  manner  as 
mines  or  veins,  the  same  being  understood  of  all  species  of  metal. 

SEC.  19.  Inasmuch  as  the  waste  ground  and  earth  heaps  of  abandoned 
mines  are  generally  the  support  of  the  widows  and  orphans  of  the  work- 
ing miners,  the  old  men,  and  invalids,  and  all  other  distressed  persons  of 
that  employment,  and  even  of  all  the  inhabitants  of  the  district,  when 
the  mines  are  not  in  a  course  of  working,  I  prohibit  any  individual  from 
denouncing  them,  in  order  to  appropriate  them  to  himself,  unless  he  at 
the  same  time  denounces  the  mines  to  which  they  belong. 

SEC.  20.  The  same  prohibition  is  to  be  understood  with  regard  to  the 
dross,  rubbish,  and  refuse  of  those  smelting  houses  and  establishments  of 
which  nothing  is  left  but  the  walls  ;  but  I  order  that  if  they  have  an 
owner,  notice  shall  be  given  to  him,  and  a  certain  time  allowed  in  which  if 
he  does  not  avail  himself  of  the  vessels  and  other  remains,  nor  the  com- 
munity derive  any  benefit  therefrom,  they  shall  be  granted  to  any  person 
denouncing  them. 

SEC.  21.  Though  in  the  regular  veins,  or  in  the  banks,  beds,  or  other 
mineral  depositories  great  natural  masses  of  virgin  gold  and  silver  may 
be  found,  I  declare  that  the  owners  of  the  mines  are  to  acquire  and 


108  MINING  LAWS   OF  MEXICO. 

possess  them,  on  paying  the  just  duties ;  and  I  also  declare  that  only 
ancient  deposits  of  money  or  jewels,  of  ingots  or  grains,  and  any  other 
fragments  smelted  by  man,  and  buried  by  thieves,  or  in  any  other  man- 
ner from  time  immemorial,  so  that  the  owner  thereof  is  unknown,  shall 
be  retained  as  treasure. 

SEC.  22.  I  likewise  grant  that,  in  the  prescribed  form,  may  be  dis- 
covered, claimed,  registered,  and  denounced,  not  only  mines  of  gold  and 
silver,  but  also  those  of  precious  stones,  copper,  lead,  tin,  quicksilver, 
antimony,  zinc,  bismuth,  rock  salt,  or  other  fossils,  whether  perfect  or 
mixed  metals,  bitumen  or  other  production  of  the  earth,  the  denouncers 
thereof  receiving  grants  of  the  same,  according  to  the  circumstances  ;  but 
I  declare  that  although  the  free  discovery  and  denouncement  of  the 
quicksilver  mines  is  permitted,  it  must  be  on  the  express  condition  of 
giving  an  account  of  them  to  the  Viceroy,  and  of  the  sub-delegate  of  the 
quicksilver  mines  of  Mexico,  in  order  that  it  may  be  considered  and  de- 
dermined  whether  the  said  mine  or  mines  shall  be  worked  at  the  expense 
and  for  the  advantage  of  that  individual  who  discovered  and  denounced 
them,  on  his  punctually  delivering  all  the  quicksilver  extracted  from 
them  into  the  royal  storehouses,  under  the  terms  and  prices  stipulated ; 
or  whether  it  shall  be  done  on  the  account  of  my  Royal  Treasury,  idemni- 
fying  the  party  by  some  equitable  award,  having  regard  to  the  circum- 
stances of  the  said  discovery  and  denouncement,  the  whole  of  this  im- 
portant subject  being  regulated  according  to  my  sovereign  intentions 
recently  declared  upon  this  subject. 


CHAPTER   VII. 

PERSONS  WHO  MAY  OR  NOT  DISCOVER,  DENOUNCE,  AND  WORK  THE  MINES. 

SECTION  1.  To  all  the  subjects  in  my  dominions,  both  in  Spain  and 
the  Indies,  of  whatever  rank  or  condition  they  may  be,  I  grant  the  mines 
of  every  species  of  metal  under  the  conditions  already  stated,  or  that  shall 
be  expressed  hereafter,  but  I  prohibit  foreigners  from  acquiring  or  work- 
ing mines  as  their  own  property,  in  these  my  dominions,  unless  they  be 
naturalized  or  tolerated  therein  by  my  express  royal  license.  [See  De- 
cree of  President  Comonfort.] 

SEC.  2.  I  also  prohibit  regulars  of  religious  orders,  of  both  sexes  from 
denouncing,  or  in  any  manner  acquiring  for  themselves,  their  convents, 
or  communities,  any  mines  whatever  ;  it  being  understood  that  the  work- 


MINING  LAWS   OF  MEXICO.  109 

ing  of  the  mines  shall  not  devolve  upon  the  secular  ecclesiastics, 
as  being  contrary  to  the  laws,  to  the  orders  of  the  Mexican  Con- 
sul, and  to  the  sanctity  and  exercise  of  their  profession  ;  and  there- 
fore, in  consequence  of  this  prohibition,  all  such  secular  ecclesiastics 
shall  be  expressely  obliged  to  sell  or  place  in  the  hands  of  lay  sub- 
jects, the  mines  or  establishments  for  smelting  ore,  and  reducing 
establishments  which  have  devolved  on  them  by  inheritance  or  other 
cause,  the  same  being  completed  within  the  term  of  six  months,  or 
within  such  time  as  may  be  considered  necessary  to  insure  a  useful  re- 
sult, which  is  to  be  fixed  by  the  Viceroy,  with  a  previous  intimation  to 
the  Koyal  Tribunal  General  of  the  Mines,  provided,  that  if  it  is  ascer- 
tained that  by  artifice  or  fraud  the  effects  of  this  article  are  attempted  to 
be  eluded,  to  the  prejudice  of  the  working  of  such  mines  and  establish- 
ments, in  which  the  State  is  so  much  interested,  they  shall  be  denounced 
and  disposed  of  in  the  same  manner  as  mines  in  general. 

SEC.  3.  Neither  shall  mines  be  held  by  Governors,  Intendents,  Mayors, 
Chief  Judges,  nor  any  other  public  officers  whatever,  of  the  mine  towns 
and  districts,  nor  their  clerks  ;  but  I  permit  such  persons  to  hold  mines 
in  any  territory  out  of  their  own  jurisdiction. 

SEC.  4.  Neither  shall  Administrators,  Stewards,  Overseers,  Keepers 
of  Tallies,  Workers  or  Watchers  of  Mines,  nor,  in  general,  any  person  in 
the  service  of  mine  owners,  whether  of  superior  or  subordinate  class,  be 
permitted  to  register,  denounce,  or  in  any  other  manner  acquire  mines 
within  the  space  of  a  thousand  yards  round  those  of  their  masters,  but  I 
allow  them  to  denounce  any  mine  for  their  said  masters,  even  though  not 
authorized  by  them  to  do  so,  provided  the  aforesaid  masters  make  good 
the  denouncement  in  the  terms  prescribed  by  section  eight  of  chapter 
six  of  these  Ordinances. 

SEC.  5.  No  one  shall  denounce  a  mine  under  any  circumstances  of 
concealment  or  fraud  for  another,  nor  even  publicly,  unless  he  has  his 
power  or  letter  of  attorney  for  that  purpose,  according  to  established 
usage. 

SEC.  6.  Neither  shall  one  denounce  a  mine  for  himself  alone,  if  he  has 
previously  had  partners  in  the  transaction ;  and  I  ordain  that  the  de- 
nouncer shall  declare  his  partners  in  his  written  statement,  under  penalty, 
if  he  fail  so  to  do,  of  losing  his  share  thereof. 


110  MINING  LAWS   OF  MEXICO. 


CHAPTEK  VIII. 

PROPERTIES,    INTERMEDIATE    SPACES,   AND    MEASURES. 

SECTION  1.  Experience  having  shown  that  the  equality  of  the  mine 
measures  established  on  the  surface  cannot  be  maintained  under  ground, 
where  in  fact  the  mines  are  chiefly  valuable,  it  being  certain  that  the 
greater  or  less  inclination  of  the  vein  upon  the  plain  of  the  horizon  must 
render  the  respective  properties  in  the  mines  greater  or  smaller,  so  that 
the  true  and  effective  impartiality  which  it  has  been  desired  to  show 
towards  all  subjects,  of  equal  merit,  has  not  been  preserved  ;  but  on  the 
contrary,  it  has  often  happened  that  when  a  miner,  after  much  expense 
and  labor,  begins  at  last  to  reach  an  abundant  and  rich  ore,  he  is  obliged 
to  turn  back,  as  having  entered  on  the  property  of  another,  which  latter 
may  have  denounced  the  neighboring  mine,  and  thus  stationed  himself 
with  more  art  than  industry.  This  being  one  of  the  greatest  and  most 
frequent  causes  of  litigation  and  dissension  among  the  miners,  and  con- 
sidering that  the  limits  established  in  the  mines  of  these  kingdoms,  and 
by  which  those  of  New  Spain  have  been  hitherto  regulated,  are  very 
*  confined  in  proportion  to  the  abundance,  multitude,  and  richness  of  the 
metallic  veins  which  it  has  pleased  the  Creator  of  his  great  bounty  to 
bestow  on  those  regions,  I  order  and  command  that  in  the  mines  where 
new  veins,  or  veins  unconnected  with  each  other,  shall  be  discovered,  the 
following  measures  shall  in  future  be  observed. 

SEC.  2.  On  the  course  and  direction  of  the  vein,  whether  of  gold,  sil- 
ver, or  other  metal,  I  grant  to  every  miner,  without  any  distinction  in 
favor  of  the  discoverer,  whose  reward  has  been  specified,  two  hundred 
yards,  called  measuring  yards,  taken  on  a  level,  as  hitherto  understood. 

SEC.  3.  To  make  it  what  they  call  a  square,  that  is,  making  a  right 
angle  with  the  preceding  measure,  supposing  the  descent  pr  inclination  of 
the  vein  to  be  sufficiently  shown  by  the  opening  or  shaft  of  ten  yards, 
the  portion  shall  be  measured  by  the  following  rule. 

SEC.  4.  Where  the  vein  is  perpendicular  to  the  horizon  (a  case  which 
seldom  occurs),  a  hundred  level  yards  shall  be  measured  on  either  side  of 
the  vein,  or  divided  on  both  sides,  as  the  miner  may  prefer. 

SEC.  5.  But  where  the  vein  is  in  an  inclined  direction,  which  is  the 
most  usual  case,  its  greater  or  less  degree  of  inclination  shall  be  attended 
to  in  the  following  manner. 

SEC.  6.  If  to  one  yard  perpendicular  the  inclination  be  from  three  fin- 
gers to  two  palms,  the  same  hundred  yards  shall  be  allowed  for  the 
square  (as  in  the  case  of  the  vein  being  perpendicular). 


MINING   LAWS    OF   MEXICO.  Ill 

SEC.  7.  If  to  the  said  perpendicular  yard  there  be  an  inclination  of 

2  palms  and  3  fingers,  the  square  shall  be  of  112)^  yards. 

2     "  "6     "  "         "  "        "     125          " 

2  «  "9    "  «        "  "        "     137}^      " 

3  "  «    «  «    «  "  "  150    " 
3  "  "  3  "  "    "  "    "  162}£   " 
3  it  it  g  «  «    «  «  «  175    « 

3  "    "  9  "    "    "    "    "  187)£   " 

4  «    «    «    <^   «    «    «  200    " 

so  that  if  to  one  perpendicular  yard  there  correspond  an  inclination  of 
four  palms,  which  are  equal  to  a  yard,  the  miner  shall  be  allowed  two 
hundred  yards  on  the  square  on  the  declivity  of  the  vein,  and  so  on  with 
the  rest. 

SEC.  8.  And  supposing  that  in  the  prescribed  manner  any  miner  should 
reach  the  perpendicular  depth  of  two  hundred  yards,  without  exceeding 
the  limits  of  his  portion,  by  which  he  may  commonly  have  much  ex- 
hausted the  vein,  and  that  those  veins  which  have  greater  inclination 
than  yard  for  yard,  that  is  to  say,  of  forty-five  degrees,  are  either  barren  or 
of  little  extent,  it  is  my  sovereign  will  that  although  the  declivity  may  be 
greater  than  the  above-mentioned  measures,  no  one  shall  exceed  the 
square  of  two  hundred  level  yards  ;  so  that  the  same  shall  be  always  the 
breadth  of  the  said  veins  extended  over  the  length  of  the  other  two  hun- 
dreds, as  declared  above. 

SEC.  9.  However,  if  any  mine  owner  suspecting  a  vein  to  run  in  a 
contrary  direction  to  his  own  (which  rarely  happens) ,  should  choose  to 
have  some  part  of  his  square  in  a  direction  opposite  to  that  of  his  prin- 
cipal vein,  it  may  be  granted  to  him,  provided  there  shall  be  no  injury  or 
prejudice  to  a  third  person  thereby. 

SEC.  10.  With  regard  to  the  banks,  beds,  or  any  other  accidental 
depositories  of  gold  or  silver,  I  ordain  that  the  portions  and  measures 
shall  be  regulated  by  the  respective  Territorial  Deputations  of  Miners, 
attention  being  paid  to  the  extent  and  richness  of  the  place  and  to  the 
number  of  applicants  for  the  same,  with  distinction  and  preference  only 
to  the  discoverers ;  but  the  said  Deputations  must  render  an  exact  account 
thereof  to  the  Eoyal  Tribunal  General  of  Mexico,  who  will  resolve  on 
the  measures  which  they  in  their  judgment  may  consider  the  most  effica- 
cious, in  order  to  avoid  all  unfair  dealing  in  these  matters.  • 

SEC.  11.  The  portions  being  regulated  in  the  manner  described  above, 
the  denouncer  shall  have  his  share  measured  at  the  time  of  taking  pos- 
session of  the  mine,  and  he  shall  erect  round  his  boundaries,  stakes  or 
landmarks,  such  as  shall  be  secure  and  easy  to  be  distinguished,  and  enter 


112  MINING  LAWS   OF   MEXICO. 

into  an  obligation  to  keep  and  observe  them  forever  without  being  able 
to  change  them  ;  though  he  may  allege  that  his  vein  varied  in  course  or 
direction  (which  is  an  unlikely  circumstance)  ;  but  he  must  content  him- 
self with  the  lot  which  Providence  has  decreed  him,  and  enjoy  it  without 
disturbing  his  neighbors  ;  if,  however,  he  should  have  no  neighbors,  or  if 
he  can,  without  injury  to  his  neighbors,  make  an  improvement,  by  alter- 
ing the  stakes  and  boundaries,  it  may  be  permitted  him  in  such  case, 
with  the  previous  intervention,  cognizance,  and  authority  of  the  Deputa- 
tion of  the  District,  who  shall  cite  and*hear  the  parties,  and  determine 
whether  the  causes,  for  such  encroachment  are  legitimate. 

SEC.  12.  In  the  mines  already  opened  and  worked,  the  old  measures  of 
the  portion  shall  be  retained  ;  but  they  may  be  extended  to  the  limits 
prescribed  in  these  Ordinances,  whenever  such  change  can  take  place 
without  prejudice  to  third  persons. 

SEC.  13.  The  immutability  of  the  stakes  or  boundaries  already  defined 
in  section  eleven  of  this  chaper  shall  also  be  observed  henceforward  in  those 
mines  which  are  in  the  course  of  working,  or  which  shall  be  denounced 
as  deserted  or  lost,  the  limits  being  ascertained  in  those  cases  where  there 
are  none  at  present,  and  each  being  attended  to  in  their  order,  beginning 
with  the  oldest ;  and  as  to  any  intermediate  spaces,  they  shall  be  regu- 
lated according  to  the  provisions  of  section  thirteen,  chapter  six. 

SEC.  14.  As  it  has  been  found  that  the  license  or  permission  of  follow- 
ing a  vein  by  working  lower  down  and  within  the  vein,  and  having  en- 
joyment thereof,  until  the  owner  himself  has  bored  it,  has  been  and  is 
the  most  fruitful  cause  of  bitter  dissensions,  litigations,  and  disturbances 
among  the  mine  owners ;  and  further  considering  that  such  intrusion  is 
more  generally  the  result  of  fraud  or  chance  than  of  the  merit  and  indus- 
try of  the  person  so  intruding,  'and  that  the  consequences  thereof  occa- 
sion, for  the  most  part,  nothing  but  serious  detriment  to,  or  the  total  ruin 
of,  the  two  mines  and  the  two  neighboring  miners,  to  the  great  prejudice 
of  the  public,  and  of  my  Royal  Treasury,  I  order  and  command  that  no 
mine  owner  shall  enter  the  property  of  another,  even  though  merely  by 
continuing  his  own  vein  at  a  greater  depth,  but  that  every  one  shall  keep 
and  observe  his  own  boundaries,  unless  he  makes  an  agreement  and  stip- 
ulation with  his  neighbor,  to  be  permitted  to  work  in  his  property. 

SEC.  15.  But  if  a  mine  owner,  pursuing  his  operations  fairly,  comes  to 
the  property  of  another  while  in  pursuit  of  a  vein  which  he  is  working,  or 
discovers  it  at  that  time,  without  the  master  of  the  property  being  aware 
of  its  existence,  he  shall  be  obliged  to  give  such  proprietor  immediate 
notice  thereof;  and  the  two  neighbors  shall  thenceforward  divide  the 
costs  and  profits  equally  between  them  :  one  for  the  merit  of  the  discov- 


MINING   LAWS   OF   MEXICO.  113 

ery,  and  the  other  as  the  owner  of  the  property  ;  all  which,  until  there 
shall  be  a  communication  effected  between  the  mines,  either  by  the  prin- 
cipal vein,  or  a  cross  lode,  or  in  any  manner  that  may  be  most  convenient ; 
whereupon,  after  erecting  a  mutual  boundary,  each  proprietor  shall  remain 
within  his  own  boundaries.  But  if  any  one  so  discovering  and  following 
a  lode,  into  the  property  of  his  neighbor,  fails  to  give  immediate  notice 
thereof  to  such  neighbor,  he  shall  not  only  lose  his  right  to  the  half  of 
all  the  metal  that  may  be  extracted,  but  also  shall  pay  double  the  value 
of  what  he  has  already  extracted,  it  being  understood,  that  before  exact- 
ing this  penalty,  fraud  and  misconduct  of  persons  so  encroaching  must 
be  proved  in  the  plainest  and  most  satisfactory  manner,  according  to  the 
form  prescribed  in  chapter  third. 

SEC.  16.  And  in  case  a  mine  owner  shall  have  advanced  so  much  in 
his  subterranean  operations  as  to  have  passed  beyond  the  limits  of  his 
own  property,  whether  in  length  or  square  measure,  I  declare  that  he 
shall  not,  on  this  account,  be  obligedj  to  turn  back  or  suspend  his  work, 
provided  the  ground  he  has  entered  be  unclaimed,  or  within  the  limits  of 
a  deserted  mine  ;  he  must,  however,  denounce  this  new  property,  which 
shall  be  granted  him,  observing  always  that  such  new  portion  must  not 
exceed  its  former  size,  and  that  he  must  move  his  boundary  marks  to  his 
new  limits,  in  order  that  they  may  be  generally  known. 

SEC.  17.  The  mine  owner  shall  not  only  possess  a  portion  of  the  prin- 
cipal vein  which  he  denounced,  but  likewise  of  all  those  which  in  any 
form  or  manner  whatever  are  to  be  found  in  his  property  ;  so  that  if  a 
vein  takes  its  rise  in  one  property,  and  passing  on,  terminates  in  another, 
each  proprietor  shall  enjoy  that  part  of  it  which  passes  through  his  par- 
ticular limits,  and  no  one  shall  be  entitled  to  claim  entire  possession  of  a 
vein  from  having  its  source  in  his  portion,  or  on  any  other  pretense  what- 
ever. 


CHAPTER    IX. 

WORKING,  SUPPORTING,  AND  PROTECTING  MINES. 

SECTION  1.  It  being  of  the  greatest  importance  that  the  lives  of  work- 
men and  other  persons  obliged  continually  to  enter  and  go  out  of  the  mines 
should  not  be  endangered,  and  that  the  mines  should  be  kept  in  the  state 
of  security  and  convenience  necessary  to  their  being  successfully  worked > 
even  although  they  may  have  been  judged  useless  and  impracticable  by 
their  first  possessors,  and  abandoned  accordingly  ;  and  it  not  being  possible 


114  MINING  LAWS   OF  MEXICO. 

to  establish  any  general  and  absolute  rule  on  the  subject,  on  account  of  the 
variety  of  circumstances  of  each  mine,  the  greater  or  less  hardness,  ten- 
acity, and  adherence  of  the  sides,  and  of  the  substance  of  the  vein  itself ; 
its  greater  or  less  inclination,  width,  and  depth,  inducing  much  diversity 
in  the  size  and  number  of  the  pillars,  arches,  beams,  cross-beams,  and 
other  props  which  may  be  left  or  constructed  to  support  the  sides,  and 
also  in  the  distribution  of  the  works  necessary  to  proper  ventilation, 
and  the  convenient  removal  of  the  substances  extracted  from  the  mine — 
all  of  which  cannot  be  effected  without  true  practical  skill  and  science  in 
the  working  of  mines — I  ordain  and  command  as  follows  : 

SEC.  2.  It  shall  not  be  permitted  to  any  one  to  work  the  mines  with- 
out the  assistance  and  direction  of  one  of  those  able  and  intelligent  sur- 
veyors, who  are  called  in  New  Spain,  miners,  or  mine- watchers,  who 
must  have  been  examined,  qualified  and  approved  by  the  Mining  Pro- 
fessor, appointed  to  be  in  every  mine  town  or  district,  of  whom  mention 
will  be  made  hereafter.  (Chapter  18,  Section  1.)  However,  in  the  very 
poor  and  remote  mine  towns,  where  there  may  be  neither  Mining  Pro- 
fessor, nor  qualified  and  approved  surveyor,  they  may  be  allowed  to  pro- 
ceed under  the  direction  of  the  most  accredited  and  intelligent  surveyors 
who  can  be  found  there,  until  these  or  others  shall  be  examined  and 
licensed  ;  the  same  being  understood  in  all  cases  which  require  the  direc- 
tion or  intervention  of  a  surveyor,  in  Border  that,  in  judicial  proceedings, 
they  may  meet  with  the  confidence  and  credit  they  deserve. 

SEC.  3.  For  the  design  and  execution  of  shafts,  levels,  or  adits,  and 
other  great  and  difficult  works,  which,  if  they  do  not  turn  out  success- 
fully, render  useless  the  great  expenses  which  have  been  bestowed  upon 
them,  the  direction  of  one  or  more  of  the  Guardaminas,  shall  not  be  suf- 
ficient, but  the  inspection  or  intervention  of  one  of  the  aforesaid  Profes- 
sors of  Mining  shall  be  necessary,  with  the  obligation  on  his  part  of 
visiting  the  work  once  every  month,  or  once  in  two  months,  as  the  pro- 
gress of  it  may  require,  in  order  that,  if  he  perceives  any  error  in  the 
execution,  he  may  amend  it  in  time,  and  before  it  occasions  further 
expenses. 

SEC.  4.  In  mines  opened  on  a  vein  of  which  the  sides  and  interior  sub- 
stance are  soft,  and  have  so  little  tenacity,  or  adhesive  property,  that  on 
being  exposed  to  the  air  they  moulder  away,  and  open  into  cracks  and 
crevices,  or  which,  from  any  other  causes  are  perceived  to  be  insufficient 
by  themselves  to  maintain  the  security  and  firmness  of  the  mine,  I  ordain 
and  command  that  the  works  shall  be  lined  and  secured  with  large  solid 
timber  of  known  durability,  and  such  as  is  least  liable  to  decay  under 
ground,  .cut  and  prepared  according  to  the  rules  of  art  ;  or  with  good 


MINING  LAWS   OF  MEXICO.  115 

mason  work  of  stone  and  morter,  if  the  value  and  other  circumstances  of 
the  mine  permit  or  require  it ;  for  which  purpose  there  must  be  in  all 
the  mining  places,  towns,  and  districts,  a  certain  number  of  those  arti- 
ficers, carpenters,  and  masons,  who  are  called  liners,  and  these  must  have 
journeymen  and  apprentices,  in  order  to  preserve  and  continue  the 
exercise  of  this  important  business,  which  ought  to  be  well  paid  and 
encouraged. 

SEC.  5.  In  order  to  prevent  the  introduction  of  artificers  who  have  not 
the  requisite  experience  and  intelligence  in  subterranean  architecture 
none  shall  be  admitted  (in  any  place),  who  have  not  been  examined  and 
approved  by  the  Mining  Professor  of  that  place,  or  some  other. 

SEC.  6.  If  any  mine  owner,  in  consequence  of  the  great  richness  of  the 
metallic  substance  in  his  vein,  is  desirous  of  substituting  for  the  pillars, 
beams,  or  sufficient  and  necessary  supports,  made  of  the  metallic  sub- 
stance itself,  others  constructed  of  mason  work  of  stone  and  mortar,  he 
may  be  permitted  to  do  so,  under  the  inspection  of  one  of  the  deputies  of 
the  district,  assisted  by  his  clerk,  and  with  the  approbation  of  the 
Mining  Professor. 

SEC.  7.  I  strictly  prohibit  any  one  from  taking  away,  or  in  any 
degree  weakening  and  diminishing  the  pillars,  beams,  and  necessary  sup- 
ports of  the  mines,  under  pain  of  ten  years'  imprisonment,  to  be  inflicted 
according  to  the  form  prescribed  by  chapter  three  of  these  Ordinances,  by 
the  respective  judge  in  each  case,  upon  any  workman,  searcher,  or 
investigator,  who  shall  have  committed  such  offense,  and  the  same  upon 
the  Miner  or  Mine  watcher  who  has  permitted  it ;  and  the  master  of  the 
mine  shall  lose  the  same,  together  with  half  of  his  property,  and  be  for 
ever  excluded  from  all  mining  employments.  • 

SEC.  8.  I  ordain  and  command  that  the  mines  shall  be  kept  clean  and 
unobstructed,  and  that  the  works  necessary  or  useful  for  the  circulation 
of  air,  the  carriage  and  extraction  of  the  metal  or  other  purposes, 
although  they  may  contain  no  more  metallic  matter  than  such  as  may 
remain  in  the  pillars  and  partitions,  shall  not  be  incumbered  with  rub- 
bish and  clods  of  earth,  but  that  all  these  must  be  carried  out  and 
thrown  by  each  person  on  the  earthmound  of  his  own  property,  but  on 
no  account  upon  that  of  another  person  without  his  express  leave  and 
consent. 

SEC.  9.  In  the  mines  there  must  be  proper  and  safe  steps  or  ladders, 
such  and  as  many  as  are  considered  necessary  by  the  Mining  Surveyor, 
for  the  purpose  of  ascending  and  descending  to  the  farthermost  works, 
so  that  the  lives  of  persons  employed  in  the  mines  may  never  be  endan- 
gered by  their  being  weak,  insecure,  rotten,  or  much  worn. 


116  MINING   LAWS    OF   MEXICO. 

SEC.  10.  In  order  to  avoid  the  violation  of  the  provisions  of  any  of 
the  sections  contained  in  this  chapter,  it  is  my  sovereign  will  that  the 
Deputies  of  the  miners,  accompanied  by  the  Mining  Professor  of  the 
district,  and  by  the  Clerk,  if  there  be  one,  or,  in  default  him,  by  two 
witnesses  in  aid,  who  shall  once  in  every  six  months,  or  once  in  every 
year,  in  places  where  the  former  is  impracticable,  visit  all  the  mines  in 
their  jurisdiction  which  are  in  a  course  of  actual  working  ;  and  if  they 
find  any  failure  in  the  points  referred  to  in  the  above-mentioned  sections, 
or  in  any  others  whatever,  which  regard  the  security,  preservation,  and 
better  working  of  the  mines,  shall  provide  immediately  a  remedy  for  such 
defect,  and  take  means  to  assure  themselves  that  such  remedy  is  carried 
into  effect.  And  if  the  remedy  be  not  applied,  or  if  the  same  failure 
shall  occur  again,  the  proper  penalties  must  be  exacted,  multiplying  and 
aggravating  them  even  to  the  extent  of  dispossessing  the  person  so  offend- 
ing of  the  mine,  which  shall  then  belong  to  the  first  person  who  may 
denounce  it,  provided  the  Deputies  proceed  in  the  form  prescribed  by 
chapter  third  of  these  Ordinances. 

SEC.  11.  I  most  rigorously  prohibit  all  persons  from  piercing  through 
adits,  or  cross  levels,  or  other  subterraneous  passages,  from  works  which 
are  higher  and  full  of  water,  or  from  leaving  between  them  and  others 
such  slight  supports  as  may  allow  the  water  to  burst  through  ;  on  the 
contrary,  persons  owning  such  works  must  have  them  drained  by  engines 
before  they  shall  attempt  to  communicate  with  new  ones,  unless  the  Min- 
ing Professor  should  judge  that  such  piercing  through  will  not  be 
attended  with  danger  to  the  workmen  engaged  in  it. 

SEC.  12.  Also  I  prohibit  all  persons  from  introducing  workmen  into 
any  works  containing  noxious  vapors,  until  they  have  been  properly  ven- 
tilated, according  to  the  rules  of  art. 

SEC.  13.  Whereas,  the  mines  require  incessant  and  continual  working, 
in  order  to  procure  the  metals,  certain  operations  being  indispensable, 
which  cannot  without  much  time  be  accomplished,  and  which,  if  inter- 
rupted, generally  require  as  great  expenses  in  their  reestablishment  as 
they  did  in  their  original  undertaking  ;  wherefore,  to  remedy  such  incon- 
venience, and  also  to  prevent  masters  of  mines,  who  either  cannot  or  will 
not  work  them,  from  keeping  them  in  a  useless  state  for  a  length  of  time, 
by  pretending  to  work  them,  and  thus  depriving  them  of  the  real  and 
effective  labor  which  others  might  bestow  on  them,  I  ordain  and  com- 
mand, that  whosoever,  during  four  successive  months,  shall  fail  to  work 
any  mine  with  (at  least)  four  paid  workmen,  occupied  in  some  exterior  or 
interior  work  of  real  utility,  shall,  by  so  doing,  lose  all  his  right  in  said 
mine,  which  shall  belong  to  any  person  denouncing  it,  upon  his  satisfac- 


MINING   LAWS    OF   MEXICO.  117 

tory  proving,  according  to  the  provisions  of  chapter  six,  such  act  of 
desertion  on  the  part  of  the  owner. 

SEC.  14.  Experience  having  shown  that  the  provisions  of  the  preced- 
ing section  have  been  eluded  by  the  artful  and  fraudulent  practice  of 
some  owners  of  mines,  who  cause  their  mine  to  be  worked  during  some 
days  in  each  [interval  of]  four  months,  keeping  them  in  this  manner 
many  years  in  their  possession,  I  ordain  that  whosoever  shall  fail  to 
work  his  mine  in  the  manner  prescribed  by  the  said  section,  during  eight 
months  in  the  year,  counting  from  the  day  of  his  coming  into  possession, 
even  though  the  said  eight  months  should  be  interspersed  with  some  days 
or  weeks  of  labor,  shall  by  such  labor,  forfeit  the  mine  ;  and  it  shall  be 
adjudged  to  the  first  person  who  denounces  the  same,  and  satisfactorily 
proves  this  second  species  of  desertion  ;  unless  for  this,  or  the  one  men- 
tioned in  the  preceding  section,  there  be  just  cause  assigned,  such  as 
pestilence,  famine,  or  war,  in  that  same  mining  place,  or  within  twenty 
leagues  thereof. 

SEC.  15.  Considering  that  many  mine  owners,  who  have  formerly 
worked  their  mines  with  ardor  and  diligence,  expending  large  sums  in 
shafts,  adits,  and  other  undertakings,  may  often  be  obliged  to  suspend 
their  operations,  while  soliciting  supplies,  or  for  want  of  workmen,  or 
necessary  provisions,  and  other  just  and  sufficient  causes,  which,  combined 
with  their  former  merit,  render  them  worthy  of  equitable  consideration, 
I  declare  that  any  such  mine  owner,  keeping  his  mine  in  disuse  in  the 
manner  and  for  the  time  above-mentioned,  shall  not  forfeit  it  at  once  in 
the  manner  described  above,  but  his  mine  shall  nevertheless  be  liable  to 
denouncement  before  the  respective  new  Tribunals  of  Miners,  in  order 
that  both  parties  having  been  heard,  and  alleged  merits  and  causes  con- 
sidered and  proved,  justice  may  be  done  between  the  parties. 

SEC.  16.  Since  many  mine  owners  abandon  their  mines,  either  for  the 
want  of  the  capital  necessary  for  carrying  on  operations  therein,  or  be- 
cause they  do  not  choose  to  consume  that  which  they  may  have  already 
acquired  from  them,  or  because  they  have  not  spirit  to  venture  on  the 
difficulties  of  those  undertakings,  from  which  they  may  have  conceived 
great  hopes,  or  for  other  causes  ;  and  since  persons  are  not  wanting  who 
might  be  desirous  of  taking  such  mines,  if  they  were  informed  of  their 
intended  abandonment,  and  as  it  is  much  easier  to  maintain  a  mine  when 
in  a  course  of  working  than  to  reinstate  it  after  it  has  suffered  the  inju- 
ries of  time,  it  is  my  will  that  no  person  shall  abandon  the  working  of 
his  mine  or  mines  without  making  the  Deputation  of  the  district  ac- 
quainted therewith,  in  order  that  the  Deputation  may  publish  the  same, 
by  fixing  a  notification  on  the  doors  of  churches  and  other  customary 
places,  for  the  information  of  all  persons. 


118  MINING   LAWS   OF  MEXICO. 

SEC.  17.  In  order  to  avoid  the  false  or  equivocal  reports  which  are 
often  spread  concerning  deserted  mines,  the  consequence  of  which  reports 
is  to  augment  the  distrust  in  which  this  profession  is  ordinarily  held, 
deterring  many  persons  from  engaging  therein  who  do  not  otherwise  want 
inclination  to  follow  it,  I  ordain : 

SEC.  18.  That  no  one  shall  abandon  the  working  of  his  mine  without 
giving  notice  to  the  respective  Deputation,  in  order  that  an  inspection 
may  immediately  be  had  thereof  by  the  Deputies,  accompanied  by  the 
Clerk  and  Surveyors,  who  must  examine  and  measure  the  mine,  particu- 
larizing all  its  circumstances,  and  draw  up  a  map  describing  its  plan  and 
outlines,  which,  together  with  all  the  necessary  information,  must  be 
preserved  in  the  Archives,  with  liberty  of  access  to  all  persons  who  may 
wish  to  see  it,  or  to  take  a  copy  thereof. 


CHAPTER   X. 

DRAINS  IN  MINES. 

SECTION  1.  As  in  most  of  the  mines  springs  and  currents  frequently 
occur,  from  whence  the  water  issues  continually,  and  in  such  abundance 
as  might,  in  a  short  time,  inundate  and  overwhelm  the  works,  to  the 
hindrance  of  all  progress  in  the  extraction  of  the  metals,  I  desire  and 
command  that  the  owners  of  such  mines  shall  keep  their  works  con- 
stantly drained  and  evacuated,  so  that  at  all  times  the  operations  may 
be  carried  on,  and  the  metals  extracted  without  interruption. 

SEC.  2.  As  it  is  much  the  most  convenient  and  least  expensive  method 
of  draining  to  countermine  the  veins  by  means  of  adits,  I  ordain  that  in 
all  those  mines  which  require  draining,  and  whose  situation  will  admit 
of  it,  and  where  benefit  is  likely  to  arise  therefrom,  according  to  the 
judgment  of  the  Mining  Professor  of  the  district,  the  owners  be  obliged 
to  make  an  adit  sufficient  for  the  draining  and  clearing  of  the  works, 
provided  the  richness  and  abundance  of  the  ores  are  likely  to  repay  such 
expense. 

SEC.  3.  Whereas,  several  mines  may  sometimes  be  drained  and  cleared 
by  one  and  the  same  adit,  though  each  of  them  singly  might  be  insuf- 
ficient to  support  the  expense  thereof,  I  declare  that  the  adit  shall  be 
made  and  completed,  and  the  expense  divided  among  all  the  proprietors 
in  proportion  to  the  benefits  they  will  each  derive  from  it ;  and  if  this 
proportion  cannot  at  the  time  be  ascertained,  the  expense  shall  be 


MINING   LAWS    OF   MEXICO.  119 

divided  amcmg  them,  in  the  mean  time,  in  equal  parts,  such  parts  being 
fixed  according  to  the  sum  which  the  poorest  of  them  can  afford  to  pay, 
and  should  this  one  improve  in  condition,  then  the  said  part  shall  be 
regulated  according  to  what  the  poorest  of  the  others  can  pay,  so  that 
the  works  of  the  adit  may  not  be  suspended  ;  and  all  these  points  must 
be  estimated  and  regulated  by  the  Deputation  of  the  district,  according 
to  the  judgment  of  the  respective  Mining  Professors. 

SEC.  4.  If  any  individual  should  offer  to  make  an  adit  by  which  one 
•  or  more  veins,  or  the  mines  opened  in  them,  might  be  drained  and 
cleared,  although  he  be  not  the  proprietor  of  any  of  them,  either  entirely 
or  in  part,  his  denouncement  shall  be  received  in  due  form,  and 
immediate  notice  given  to  the  owners  of  said  mines,  who,  if  they  will 
undertake  such  work  themselves,  are  always  to  have  the  preference  ;  but, 
on  their  refusal,  it  shall  be  assigned  to  the  adventurer  under  the  follow- 
ing conditions  : 

SEC.  5.  That  the  adit  be  really  useful,  and  its  formation  practicable, 
according  to  the  judgment  of  the  Mining  Professor,  who  must  be  charged 
with  the  tracing  out  and  determining  the  plan  of  the  work  and  directing 
its  execution  in  the  manner  above  expressed. 

SEC.  6.  That  the  countermine  shall  be  drawn,  as  far  as  it  is  possible, 
in  a  right  line,  and  at  the  least  possible  distance  from  the  vein  or  veins 
intended  to  be  drained  and  cleared,  or  in  the  line  and  direction  of  one 
of  them. 

SEC.  7.  That  the  necessary  openings  for  the  admission  of  air  be  con- 
structed, or  that  a  counter  level  be  made,  or  some  other  means  adopted  to 
preserve  a  free  circulation  of  air  for  the  health  and  advantage  of  the 
workmen. 

SEC.  8.  That  its  size  (the  size  of  the  adit)  must  depend  on  the  judg- 
ment of  the  Mining  Professor,  which  will  be  regulated  by  circumstances  ; 
but  that  it  shall  never  exceed  two  yards  in  width,  and  three  in  hight, 
and  that  it  be  properly  secured  and  lined. 

SEC.  9.  That  if  the  adventurer,  in  the  progress  of  his  work,  meets  with 
one  or  more  new  veins,  he  shall  therein  enjoy  the  right  of  a  discoverer, 
and  the  reward  which  is  assigned  to  him  as  such  by  these  Ordinances  ; 
but  if  they  are  already  known  and  opened  in  other  places,  I  grant  him 
the  liberty  of  acquiring  one  portion  of  each  of  them,  and  if  there  be  not 
sufficient  space  remaining  for  that  purpose,  he  shall  have  the  enjoyment 
of  all  that  may  remain,  until  he  enters  upon  the  property  of  another. 

SEC.  10.  That  if  the  work  should  pass  through  any  deserted  mines, 
the  adventurer  shall  thereby  become  master  of  the  same,  and  may 
denounce  them  as  soon  as  he  projects  the  work  ;  it  being  understood  that 


120  MINING   LAWS   OF  MEXICO. 

he  should  maintain  these  and  his  new  portions  during  the  progress  of  his 
operations  as  far  as  lies  in  his  power.  But  I  declare  that  as  soon  as  his 
work  is  concluded,  he  must  have  them  distinctly  portioned  out,  under 
pain  of  losing  them,  as  before  enjoined. 

SEC.  11.  And  finally,  that  if  the  adit  should  pass  through  mines 
already  occupied  and  situated  in  the  direction  of  the  vein,  half  of  the 
metals  thence  extracted  shall  belong  to  the  adventurer,  and  half  to  the 
owner  of  the  property  ;  but  the  costs  are  to  be  all  defrayed  by  the 
adventurer ;  and  he  must  not  exceed  in  his  adit  the  dimensions  before 
prescribed,  nor  may  he  undertake  any  other  works,  unless  with  the  con- 
sent of  the  owner,  in  which  case  the  expenses  must  be  divided  between 
them.  But  if  the  adit  should  pass  across  the  vein,  the  adventurer  may 
open  other  works  in  pursuit  of  the  same,  and  the  metals,  as  well  as  the 
expenses,  shall  be  divided  equally  between  them,  until  there  shall  be  some 
communication  established  with  the  works  of  the  master  of  the  mines ; 
and  if  the  adventurer  does  not  give  notice  immediately  on  discovering 
the  metal,  he  shall  not  only  lose  his  right  to  the  half  thereof,  but  shall  be 
obliged  to  make  restitution  of  all  he  may  have  already  extracted,  and  to 
pay  double  its  value  ;  proof  of  such  fraud  and  malice  having  been  pre- 
viously made  out,  according  to  the  form  declared  by  chapter  three. 

SEC.  12.  All  things  contained  in  this  present  chapter,  from  the  fifth 
section  inclusive,  with  regard  to  adventurers,  is  likewise  to  be  understood, 
as  far  as  it  is  capable  of  being  adapted,  in  cases  where  mine  owners  shall 
be  disposed  to  attempt  the  clearing  of  their  own  mines  or  those  of  others, 
by  means  of  an  adit  or  countermine  in  common,  whether  the  work  is 
undertaken  by  all  jointly,  or  by  some  without  the  rest,  or  in  company 
with  adventurers,  in  all  of  which  cases  the  stipulations  which  they  have 
made  must  be  punctually  observed,  provided  they  do  not  interfere  with 
the  injunctions  and  objects  of  these  Ordinances. 

SEC.  13.  The  owners  of  mines  which  requre  draining,  but  are  in  a  sit- 
uation which  will  not  admit  of  the  formation  of  an  adit,  must  work 
them  by  means  of  a  general  and  continued  shaft,  which  in  New  Spain  is 
called  tiro,  and  serves  by  means  of  machines  and  engines  to  draw  off  the 
water,  and  extract  the  ore  and  other  materials  from  the  mines  ;  and  which 
must  be  made  in  such  situation,  and  of  such  dimensions,  and  be  secured 
in  such  manner  a*  the  Mining  Professor  of  the  district  may  determine 
and  direct.  And  the  Territorial  Deputations  are  enjoined  to  take  espe- 
cial notice  concerning  this  matter  in  their  visits,  inflicting  and  increasing 
the  corresponding  penalties,  in  proportion  to  the  offenses  which  may  be 
proved  to  have  been  committed. 

SEC.  15.  Inasmuch  as  experience  has  shown  the  general  utility  of  the 


MINING  LAWS   OF  MEXICO.  121 

above-mentioned  works,  as  well  as  the  omission  and  inattention  by  which 
they  are  sometimes  made  of  a  less  depth  than  the  other  works,  in  order 
to  avoid  the  expense  of  such  undertakings  which  become  much  more 
serious  and  expensive  by  the  delay  ;  and  if  the  owners  have  not  sufficient 
capital  they  are  obliged  to  clear  the  lower  works  by  interior  drains,  car- 
rying up  the  water  to  the  tiro,  by  means  of  engines  moved  by  men,  with 
great  expense  and  little  effect,  and  at  times  with  an  intolerable  waste 
of  human  strength,  I  ordain  and  command  that  all  owners  of  mines  which 
require  draining,  shall  be  obliged  to  make  the  base  or  foundation  of  the 
tiro  deeper  than  the  lowest  works,  so  that  sufficient  support  may  remain 
for  their  being  worked,  and  enough  room  in  the  tiro  for  the  water  ;  the 
observance  of  all  which  must  be  watched  with  particular  care  in  the 
visits  of  the  Territorial  Deputation,  the  proper  penalties  being  imposed, 
as  enjoined  in  the  preceding  section. 

SEC.  15.  If  any  owner  of  mines  requiring  drains  does  not  choose  to 
keep  them  up,  contenting  himself  with  working  in  the  upper  parts  of  the 
mine  which  the  inundation  does  not  reach  ;  and  any  person  shall  denounce 
the  said  mine  or  mines,  offering  to  drain  and  clear  the  lower  works,  imme- 
diate information  thereof  shall  be  given  to  the  owner,  in  order  that  if  he 
be  either  unwilling  or  unable  to  drain  them  effectually,  within  the  period 
of  four  months,  they  may  be  adjudged  to  the  denouncer,  he  giving  secu- 
rity for  the  expenses  of  the  drain,  according  to  the  taxation  of  the  proper 
surveyors,  and  the  satisfaction  of  the  Deputies  of  the  District. 

SEC.  16.  If  the  owner  of  any  mine,  of  which  the  works  are  lower  than 
those  of  the  mines  belonging  to  his  neighbors,  whether  from  its  situation 
or  from  the  circumstance  of  greater  progress  having  been  made  in  the 
works  thereof,  should  be  put  to  extraordinary  expense,  by  his  neighbors 
not  draining  such  higher  mines,  or  draining  them  insufficiently,  in  such 
manner  that  the  waters  from  the  higher  works  shall  descend  upon  the 
lower,  I  ordain  and  command  that  the  owners  of  the  higher  mines  shall 
keep  up  all  the  draining  which  they  require  ;  or,  on  failure  thereof,  shall 
pay  respectively  to  the  owners  of  the  lower  mines,  in  silver  or  good 
money,  the  value  of  all  the  damage  they  may  have  sustained,  estimated  by 
surveyors,  who  shall  first  of  all  inquire  and  make  all  possible  experiments 
to  ascertain  the  real  truth  and  circumstances  of  the  case. 

SEC.  17.  To  all  persons  who  will  take  upon  themselves  the  expense  of 
draining  and  cleaning  several  mines  by  making  shafts  in  common,  or 
other  works,  and  of  constructing  and  maintaining  costly  machines — 
where  an  adit  is  not  practicable — I  grant  the  ownership  of  all  the  desert 
mines  and  portions  which  they  shall  effectually  clear,  even  though  they 
may  be  contiguous  and  upon  one  of  the  same  veins ;  and  I  command 

7 


122  MINING  LAWS   OF  MEXICO. 

that  the  Yiceroy,  at  the  representation  of  the  Royal  Tribunal  General  of 
Mexico,  shall  dispense  to  them  all  the  customary  privileges,  exemptions, 
and  aids  ;  but  I  declare  that  the  owners  of  occupied  mines,  deriving  ben- 
efit in  any  manner  from  such  works,  shall  be  obliged  to  contribute  to  the 
expenses  of  the  same,  only  in  proportion  to  the  advantage  their  mines 
may  have  received,  according  to  the  valuation  of  surveyors,  with  the 
approbation  of  the  Deputies  of  the  District. 


CHAPTER    XI. 

MINES  WORKED   BY  COMPANIES. 

SECTION  1.  Inasmuch  as  mines  are  often  worked  by  miners  joined  in 
companies,  from  the  time  of  the  denouncement  of  such  mine,  or  accord- 
ing to  contracts  entered  into  subsequently  in  various  ways,  to  the  great 
advantage  and  improvement  of  the  operations  in  mines,  since  it  is  much 
easier  to  engage  therein  when  many  persons  concur,  each  subscribing  a 
part  of  his  capital,  and  as  where  the  wealth  of  one  alone  is  not  sufficient 
for  great  undertakings,  that  of  an  united  company  may  be  ample ;  in 
such  cases  I  desire  and  command  that  such  companies,  whether  public  or 
private,  may  be  encouraged,  promoted,  and  protected  by  all  convenient 
measures,  my  Ticeroy  granting  to  those  who  may  form  themselves  into 
such  companies,  every  favor,  aid,  and  exemption  which  can  be  granted 
them,  according  to  the  judgment  and  discretion  of  the  Eoyal  Tribunal  of 
Miners,  and  without  detriment  to  the  public  or  my  Royal  Treasury. 

SEC.  2.  Although  by  these  Ordinances  I  prohibit  any  individual  mine 
owners  working  within  the  ordinary  limits,  from  denouncing  two  adjoin- 
ing mines  on  the  same  vein,  yet  notwithstanding,  to  those  who  work  in 
companies,  although  they  be  not  the  discoverers,  and  without  prejudice 
to  the  right  which  they  might  derive  from  becoming  discoverers,  I  grant 
the  right  of  denouncing  four  new  portions,  or  four  deserted  mines,  even 
though  they  should  be  contiguous,  and  on  the  same  vein. 

SEC.  3.  The  accustomed  usage  in  New  Spain  of  dividing  a  mine  into 
twenty-four  imaginary  equal  parts,  commonly  called  barras,  subdividing 
also  each  of  these  into  suitable  smaller  parts,  shall  continue  to  be  observed 
as  heretofore  without  any  alteration. 

SEC.  4.  By  consequence,  no  one  of  the  partners  may  claim,  or  have  a 
right  to  work  the  part  A,  or  any  determinate  part  of  the  mine,  or  any 
other  to  work  the  part  B,  or  place  therein  fixed  number  of  workmen  ; 


MINING*  LAWS   OF  MEXICO.  123 

but  they  must  work  in  common,  as  far  as  it  is  possible,  and  make  a  divis- 
ion of  the  expenses,  by  sharing  the  amount  of  the  same  in  equal  propor- 
tions among  all  the  partners,  and  there  shall  be  the  like  division  of  the 
produce  in  metals  of  all  kinds  and  qualities,  whether  in  a  rough  state  or 
after  they  have  been  wrought,  as  may  have  been  agreed  upon  by  the  par- 
ties. 

SEC.  5.  In  order  to  avoid  the  disputes  and  differences  which  usually 
occur  in  mining  companies  about  the  direction  of  the  works,  applications 
for  supplies,  the  administration,  and  other  points  connected  with  the  ope- 
rations, I  ordain  and  command  that  all  the  measures  necessary  to  be 
taken  shall  be  determined  by  plurality  of  votes,  with  the  intervention  of 
one  of  the  Deputies  of  the  District,  who  shall  always  endeavor  to  pre- 
serve harmony  among  the  parties. 

SEC.  6.  The  votes  shall  be  valued  and  counted  according  to  the  shares 
which  each  partner  shall  possess  in  the  mine ;  so  that  if  one  or  more 
shall  be  owners  of  one  and  the  same  share,  they  shall  have  only  one  vote, 
and  he  who  holds  two  shares  shall  have  two  votes,  and  so  on  for  the  rest ; 
but  if  one  partner  alone  possesses  twelve  or  more  shares,  the  owner  of 
such  a  number  of  shares  shall  have  a  number  of  votes  less  by  one  than 
half  the  number  of  such  shares. 

SEC.  7.  In  all  cases  where  any  dispute  may  arise,  either  from  an  equal- 
ity in  the  number  of  votes,  or  from  any  other  cause,  the  Mining  Deputy 
who  shall  preside  at  the  Junta  or  Meeting,  shall  decide  the  same  as  above 
declared,  and  I  charge  the  said  Deputy  to  attend  always  to  justice,  and 
the  common  interest  of  all  the  partners. 

SEC.  8.  If,  in  the  course  of  operations,  a  mine  should  be  worked  which 
produces  no  profit,  or  which  does  not  repay,  either  entirely  or  in  part,  the 
expenses  which  have  been  bestowed  upon  it,  and  any  one  of  the  partners 
does  not  choose  to  contribute  his  share  of  the  expense,  in  this  case,  the 
others  shall  give  notice  to  the  respective  Deputation,  in  order  that  the 
day  may  be  noted  down  on  which  he  ceased  to  contribute  ;  and  if  he  per- 
sists in  his  conduct  during  the  continuance  of  four  months,  I  declare 
thereby  he  forfeits,  reckoning  from  the  day  on  which  he  ceased  to  con- 
tribute, all  his  share  in  the  mine,  which  shall  go  to  increase  the  portions 
of  those  who  have  contributed  their  contributions,  without  any  obliga- 
tion on  their  part  to  denounce  the  same ;  but  if,  before  the  expiration  of 
the  four  months,  he  shall  contribute  his  share  of  the  expenses,  he  shall 
still  be  a  partner,  provided  he  pays  all  arrears  that  shall  have  accrued 
from  the  time  when  he  ceased  to  contribute  to  the  satisfaction  of  the 
parties  concerned. 

SEC.  9.  If,  while  any  mine  is  in  a  course  of  profitable  working,  any 


124  MINING   LAWS    OF   MEXICO. 

partner  should  refuse  to  concur  in  the  expenses  of  the  dead  works  (estab- 
lished according  to  the  forms  before  prescribed) ,  upon  the  ground  that 
such  dead  works  would  consume  a  part  or  the  whole  of  the  produce  of 
the  mine,  the  rest  of  the  partners  may  retain  and  devote  to  this  purpose 
a  part  or  the  whole  of  the  produce  which  falls  to  his  share. 

SEC.  10.  If  one  or  more  mines  are  worked  by  two  partners,  and  they 
desire  to  break  up  the  partnership,  on  account  of  disagreement,  or  other 
cause,  they  shall  not  be  reciprocally  obliged  to  sell  or  buy  their  shares  to 
or  from  one  another,  but  each  of  them  has  the  right  of  selling  his  share 
to  a  third  person,  giving  his  partner,  however,  the  first  offer  thereof. 

SEC.  11.  The  company  is  not  to  be  considered  as  broken  up  by  the 
death  of  one  of  the  partners  ;  but  the  obligation  devolves  on  his  heirs, 
who  have,  however,  the  privilege  of  selling  their  share,  according  to  the 
terms  prescribed  in  the  preceding  section. 

SEC.  12.  If  any  share  in  a  mine,  or  any  entire  mine,  should  be  sold, 
after  having  been  appraised  and  valued  by  surveyors,  according  to  its 
condition  at  the  time  of  the  sale,  and  it  should  afterwards  become  of 
great  value,  I  declare  that  the  sale  shall  not  on  that  account  be  rescinded, 
on  allegation  of  the  great  loss  sustained,  nor  on  demand  of  being  restored 
to  his  former  situation  (i.  e.,  on  the  part  of  the  seller) ,  nor  of  any  similar 
privilege. 


CHAPTER     XII. 

LABORERS    IN    MINES    AND    IN    WORKS    FOR    THE    REDUCTION    OF    METALS. 

SECTION  1.  Forasmuch  as  it  is  a  notorious  and  well  established  fact, 
that  the  working  miners  are  a  very  poor  class  of  people,  and  very  useful 
to  the  State,  and  that  they  ought  to  be  adequately  remunerated  for  the 
severe  toil  they  undergo,  I  ordain  and  command  that  no  mine  owner 
shall  presume,  on  any  ground  or  pretext  whatsoever,  to  alter  the  rate  of 
wages  established  by  long  usage,  and  adopted  in  all  the  mining  districts, 
but  that  the  same  shall  be  observed,  as  well  in  regard  to  persons  em- 
ployed in  the  works  and  machinery,  as  to  the  laborers  in  the  mines, 
under  the  penalty,  if  at  any  time  any  mine  owner  shall  diminish  the 
established  wages,  of  paying  the  said  laborers  the  double  thereof;  and 
the  laborers  shall  be  obliged  to  work  according  to  the  said  established 
rate  of  wages. 

SEC.  2.  The  workmen  in  the  mines  must  be  registered  by  their  own 
proper  names,  and  must  mark  with  plain  and  distinguishable  strokes  each 


MINING  LAWS   OF  MEXICO.  125 

occasion  of  their  leaving  their  work  ;  so  that  they  themselves  may  know 
and  recognize  the  same,  even  when  they  are  not  able  to  read,  according 
to  the  forms  hitherto  adopted  in  New  Spain. 

SEC.  3.  The  amount  of  the  wages  are  to  be  paid  every  week  to  each 
workman,  according  to  his  tallies,  and  with  the  greatest  punctuality 
delivered  in  ready  money  and  into  their  own  hands,  in  current  coin  or  in 
silver  or  gold  bullion  of  good  quality,  if  there  be  not  ready  money,  or  by 
part  of  the  metal  which  may  have  been  extracted,  if  it  shall  have  been 
so  agreed  between  the  parties.  And  I  strictly  prohibit  their  being  com- 
pelled to  receive  such  payment  in  merchandise,  effects,  fruits,  or  provi- 
sions. 

SEC.  4.  At  the  time  when  their  wages  are  paid,  they  (the  workmen) 
shall  not  be  forced  to  satisfy  the  debt  and  charges  for  which  they  may 
be  liable,  even  though  they  be  such  as  are  usually  termed  privileged, 
without  a  judicial  order  for  so  compelling  them,  except  as  to  those  which 
they  may  have  contracted  with  the  mine  owner,  with  an  understanding 
that  the  same  should  be  paid  out  of  their  labor,  and  even  in  these  cases, 
not  more  than  a  fourth  part  of  their  wages  shall  be  so  retained. 

SEC.  5.  I  prohibit  the  making  demands  upon  the  workmen  for  alms, 
charity,  collections  for  brotherhoods,  or  any  similar  purposes,  until  they 
have  received  their  dues,  and  these  being  settled,  such  donations  shall  be 
left  entirely  to  their  free  will  and  disposition. 

SEC.  6.  Where  the  workmen  are  paid  by  weekly  rations  and  monthly 
salaries,  the  rations  supplied  must  be  of  good  wholesome  meat,  wheat, 
maize,  Indian  corn,  pinola  (a  fruit  of  the  country),  salt,  red  pepper  (cap- 
sicum), and  such  other  articles  as  may  be  usual,  according  to  fixed  and 
exact  measures  and  weight,  to  all  which  particular  attention  must  be 
paid  in  the  visits  of  the  Territorial  Deputations. 

SEC.  7.  Each  workman  or  servant  of  the  mines,  referred  to  in  the 
preceding  section,  must  keep  in  his  possession  a  paper,  in  which  shall  be 
marked  the  parts  of  his  monthly  salary  which  shall  have  become  due,  as 
well  as  every  thing  which  he  may  have  received  on  account,  all  written 
by  the  accountant  or  paymaster  of  the  mine  and  establishment,  and  the 
dollars  and  reals  distinguished  by  circles,  lines  and  half-lines  ;  so  that 
each  workman  may  adjust  and  understand  his  own  account,  and  have  a 
proper  statement  thereof  in  his  possession. 

SEC.  8.  The  duties  or  tasks  of  the  workmen  shall  be  assigned  by  the 
captain  of  the  Barras,  who  must  attend  to  the  hardness  or  softness  of 
substance,  the  abundance,  scarcity,  and  other  circumstances  of  the  work, 
proceeding  with  the  greatest  justice  and  equity  in  moderating  the  said 
tasks,  in  allowing  good  pay  to  those  employed  in  such  tasks,  and  in 


126  MINING  LAWS   OF  MEXICO. 

increasing  the  same,  under  any  change  of  circumstances ;  and  in  case 
any  party  should  complain  of  any  particular  grievance,  the  respective 
Mining  Deputation  shall  proceed  to  redress  all  injuries  by  a  verbal  decree, 
or  by  judicial  process,  if  the  parties  cannot  otherwise  be  brought  to  an 
agreement,  all  which  shall  be  done  in  the  form  prescribed  by  chapter  three 
of  these  Ordinances. 

SEC.  9.  It  is  also  my  Royal  will  that  no  supplies  shall  be  afforded  to 
the  Indians  of  allotment,  in  order  that  immediately  on  concluding  their 
tasks  they  may  return  to  their  village  and  habitations,  and  others  be 
employed  in  their  stead  as  the  law  requires.  And  that  the  free  Indians 
alone  may  receive  supplies  as  far  as  five  dollars  to  each,  conformable  to 
an  act  granted  by  my  Royal  Audiency  of  Mexico  ;  although  in  cases  of 
any  peculiar  urgency,  such  as  the  celebration  of  their  marriages,  or  the 
funerals  of  their  wives  or  children,  I  permit  that  on  the  same  being 
proved  to  the  satisfaction  of  the  mine  owner,  administrator,  or  over- 
seer, by  a  certificate  from  the  curate  (of  the  parish  of  an  Indian  so 
circumstanced),  he  may  be  furnished  with  what  is  necessary  for  such 
purpose. 

SEC.  10.  Both  the  mine  owners  and  the  workmen  shall  be  entirely  at 
liberty  to  agree  between  themselves  whether  they  shall  be  paid  for  their 
work  by  the  task,  by  a  share  of  the  profit,  or  by  salary  and  share  of  the 
profit.  Supposing  this  mutual  liberty  understood,  when  the  mine  is  not 
worked  by  share  of  the  profits  merely,  the  owner  or  administrator  shall 
pay  the  workmen  such  wages  or  salary  as  shall  be  conformable  to  the 
first  section  of  this  chapter ;  and  if,  when  the  arrangement  is  for  task- 
work, any  one  of  the  laborers,  called  Barreteros,  having  finished  his  task, 
shall  continue  voluntarily  for  all  or  part  of  the  time  remaining  to  extract 
further  ores,  the  mine  owner  shall  not  be  obliged  to  pay  otherwise  than 
in  money,  and  in  proportion  to  his  daily  rate  of  wages,  for  all  such  ore 
as  may  be  extracted.  But  if  in  order  to  promote  and  stimulate  the 
exertions  of  the  workmen,  the  mine  owner  or  administrator  should  agree 
to  pay  them  at  a  certain  rate  for  every  sack  or  bag  of  metal  which  they 
may  extract  beyond  their  task,  or  to  pay  them  for  the  same  with  a  part 
of  such  metal,  all  such  contracts  shall  be  fulfilled  according  to  the 
engagements  on  both  sides,  provided  the  circumstances  shall  not  have 
materially  changed  in  the  opinion  of  the  respective  Mining  Deputies  ; 
and  if  these  should  .  disagree,  the  respective  substitutes  shall  decide 
according  to  the  rule  already  established  in  such  cases  ;  but  in  all  that 
regards  the  terms  on  which  laborers  are  to  work  in  the  mines,  whenever 
there  shall  arise  any  dispute  between  them  and  the  master  or  steward  of 
the  mine,  which  may  occasion  injury  to  its  working  and  progress,  and 


MINING  LAWS   OP  MEXICO.  127 

consequently  to  the  State,  and  either  of  the  parties  shall  make  an  appeal, 
the  respective  Deputation  shall  decide  the  same,  and  eventually,  if  neces- 
sary, the  said  substitute,  conformably  to  the  practice  established  in  the 
mine  in  question,  or,  if  it  be  a  new  mine,  then  in  conformity  with  the 
.  practice  of  the  district. 

SEC.  11.  The  ore  extracted  in  the  course  of  the  task-work,  and  that 
extracted  in  working  for  a  share  of  the  ore,  shall  be  received  and  attested 
by  the  accountant  or  inspector,  or  other  person  appointed  for  that  pur- 
pose by  the  mine-owner,  and  if  he  thinks  the  ore  delivered  by  any  laborer 
as  his  share-work  better  or  purer  than  that  of  his  task,  they  shall  both 
be  mingled  together  in  the  presence  of  the  workmen  interested,  and  shall 
be  stirred  about  as  much  as  he  may  desire,  in  order  that  he  may  choose 
from  whatever  part  of  the  heap  so  mingled  he  may  prefer,  as  many  sacks, 
bags,  or  measures  as  there  were  in  his  share  before  such  mixture  was 
made  :  it  being  understood  that  no  mine  owner,  his  steward,  overseer,  or 
other  servants  shall,  on  any  pretense  whatever,  prevent  the  laborers 
interested  from  being  present  during  all  these  proceedings,  or  cause  the 
sacks  to  be  filled  from  any  other  part  of  the  heap  than  that  which  the 
said  laborers  shall  choose. 

SEC.  12.  The  inspector  may  examine  all  those  who  go  in  and  out  of 
the  mines,  observing  with  the  greatest  care  whether  they  are  in  a  state  of 
intoxication,  or  whether  they  carry  with  them  any  intoxicating  liquors  ; 
and  he  may  also  register  all  that  comes  in  or  out  of  the  mines  under  the 
head|of  breakfasts,  dinners,  etc.  ;  and  if  he  should  discover  any  stolen 
metal,  tools,  gunpowder,  or  any  thing  of  the  like  kind,  he  shall  preven- 
tively apprehend,  confine,  and  secure  the  thief ;  and  thereby  give  notice 
to  the  Territorial  Deputation,  in  order  that  due  proceedings  may  be 
instituted,  conformably  to  the  regulations  established  by  chapter  three  of 
these  Ordinances. 

SEC.  13.  Idle  persons  and  vagabonds,. of  whatsoever  cast  or  condition 
they  may  be,  who  shall  be  met  with  in  the  mining  districts  or  the  neigh- 
boring villages,  may  be  seized  and  compelled  to  work  in  the  mines,  as 
well  also  as  the  laborers  who  from  mere  idleness  shall  have  withdrawn 
themselves  from  this  employment  without  engaging  in  any  other  ;  for 
which  the  mine-owners  may  appoint  proper  officers,  by  license  of  the 
Courts  and  the  Territorial  Deputations  of  the  districts,  as  usual  in  such 
cases ;  but  it  is  to  be  understood  that  no  Spaniard,  or  Spanish  Mestizo, 
the  latter  being  considered  as  a  Spaniard,  can  be  included  in  such  regula- 
tion, as  both  one  and  the  other  are  by  law  exempted  ;  and  when  such 
persons  have  incurred  punishment  by  their  idleness  or  offenses,  other 
penalties  must  be  inflicted  on  them  by  the  proper  Judge  according  to 
the  nature  of  their  offenses. 


128  MINING   LAWS    OF   MEXICO. 

SEC.  14.  ID  the  distribution  and  allotment  of  the  Indians  of  the  vil- 
lages near  the  mining  districts,  commonly  called  the  Indians  of  the 
Quatequil  or  Mita,  to  the  reducing  establishments,  the  rights  and  pre- 
tensions, acquired  at  different  times  by  the  proprietors  of  such  establish- 
ments, shall  be  maintained  and  observed  in  those  which  are  in  a  course 
of  working,  and  have  continued  so  without  interruption  ;  but  in  the 
establishments  which  have  been  deserted  and  abandoned,  and  whose 
allotment  of  Indians  may  have  passed  to  others  more  recently  established, 
the  latter  are  to  be  maintained  in  the  possession  of  the  same ;  and  in 
case  the  former  shall  be  reestablished,  they  shall  only  be  entitled  to  the 
quatequil  of  such  villages  as  shall  have  before  belonged  to  them,  and 
shall  not  have  since  passed  to  other  establishments  ;  and  the  same  is  to 
be  observed  in  respect  of  the  working  companies  both  of  mines  and  of 
reducing  establishments  ;  but  in  neither  case  shall  such  distribution  and 
allotment  of  Indians  exceed  the  proportion  of  four  out  of  every  hundred, 
according  to  the  established  practice  in  New  Spain  ;  and  in  order  that 
the  Mitas  may  be  regulated  as  much  as  possible  in  favor  of  the  Indians, 
I  ordain  and  command  that  in  the  execution  and  fulfillment  of  the  law, 
(Art.  1,  Chap.  5,  Book  6,  and  Art.  4,  Chap.  15,  Book  7,)  the  negroes  and 
free  mulattoes  who  wander  about  as  vagabonds,  and  the  mestizos  of  the 
second  class,  who  are  without  occupation,  may  be  compelled  to  work  in 
the  mines  ;  and  that  criminals  condemned  to  hard  labor,  and  not  except- 
ed  by  the  preceding  section,  may  be  taken  to  work  in  the  mines,  with 
the  consent  of  the  mine  proprietors,  who  are  to  be  in  that  respect  entirely 
free,  either  to  admit  such  criminals  to  work  in  the  mines,  according  to 
the  greater  or  less  degree  of  facility  which  there  may  be  of  guarding 
them  during  the  intervals  of  their  occupation. 

SEC.  15.  Working  companies  belonging  to  deserted  establishments 
shall  not  be  allowed  to  establish  themselves  in  villages,  even  though  they 
may  construct  a  chapel  and  erect  a  belfry,  because  by  so  doing  they 
appropriate  to  themselves  the  earth  and  water  intended  for  the  supply  of 
such  establishment,  thus  impeding  and  wholly  preventing  its  reestablish- 
ment ;  to  avoid  which  I  desire  and  command  them  always  to  bear  in 
mind  that  such  situation  may  be  at  any  time  denounced,  and  in  case  of 
works  being  reestablished  there,  they  are  again  to  become  part  of  the 
working  company,  and  to  be  dependent  upon  the  proprietor  of  such 
establishment. 

SEC.  16.  The  laborers  belonging  to  working  companies  of  mines  or 
establishments  shall  be  obliged  to  work  on  the  establishment  to  which 
they  are  attached  rather  than  elsewhere,  and  shall  only  be  allowed  to 
work  elsewhere  by  the  consent  of  the  proprietor  of  such  establishment, 
or  in  case  he  shall  have  no  employment  for  them. 


MINING  LAWS   OF  MEXICO.  129 

SEC.  17.  As  it  is  found  by  experience  that  in  unproductive  mines 
there  is  generally  a  default  of  workmen,  by  reason  of  their  all  flocking 
to  those  mines  which  are  in  a  course  of  working,  particularly  where  the 
proprietors  allow  them  a  share  of  the  produce,  thereby  interrupting  and 
impeding  the  working  of  the  other  mines  ;  for  remedy  thereof  I  ordain 
and  command  that  the  Territorial  Deputations  shall  cause  such  workmen 
as  are  in  a  vagabond  state,  and  not  attached  to  any  establishment,  to  be 
alternately  employed  in  each  of  these  classes  of  mines,  so  that  they  may 
enjoy  the  benefit  of  being  employed  in  those  which  are  in  a  course  of 
profitable  working,  and  not  deprive  the  others  altogether  of  their  service  ; 
with  the  same  view  it  is  my  sovereign  will  that  no  workman,  going 
from  one  mine  into  another,  shall  be  admitted  by  the  proprietor  of  such 
other  without  producing  a  certificate  of  good  behavior  from  the  master 
he  has  left,  or  his  administrator ;  otherwise  such  mine  proprietor  so 
admitting  him,  as  well  as  the  workman  himself,  shall  be  punished  in  pro- 
portion to  the  evil  intention  with  which  they  appeared  to  have  acted ; 
the  observance  of  all  of  which  things  shall  be  strictly  attended  to  by  the 
Territorial  Deputations,  as  pertaining  to  their  jurisdiction. 

SEC.  18.  Workmen  who,  having  contracted  debts  while  working  in 
any  mine,  shall  engage  themselves  to  work  in  another,  may  be  compelled 
to  return  to  the  former,  with  a  view  to  the  discharge  of  such  debt  by 
their  labor  therein,  according  to  the  fourth  section  of  this  chapter,  unless 
the  creditor  shall  consent  to  accept  security  for  his  debt  from  the  pro- 
prietor of  such  other  mine. 

SEC.  19.  In  cases  of  thefts  committed  by  the  workmen  of  the  mines 
on  the  establishments,  whether  of  metallic  ores,  tools,  gunpowder,  or 
quicksilver,  punishment  shall  be  inflicted  according  to  the  nature  and 
circumstances  of  the  offense,  and  the  repetition  of  the  same  ;  imposing 
whatsoever  is  by  law  established,  and  measuring  the  punishment  due  to 
offenses  of  the  Indians  by  the  damage  surtained  and  the  malice  evinced  ; 
the  respective  judges  in  the  cognizance  of  such  causes  regulating  them- 
selves by  the  rules  laid  down  and  declared  by  chapter  three  of  these 
Ordinances. 

SEC.  20.  Workmen  who,  for  slight  offenses,  debts,  or  other  causes,  ar^ 
imprisoned  according  to  custom,  and  remain  there  a  long  time  to  their 
own  destruction,  and  to  the  distress  of  their  families,  may  be  removed 
from  prison  and  placed  to  work,  provided  that  in  the  mine  or  establish- 
ment where  they  are  employed  there  may  be  the  means  of  securing  them 
during  the  intervals  of  their  labor,  to  the  end  that,  after  setting  apart  a 
portion  of  their  gains  for  their  own  support  and  that  of  their  families, 
the  rest  may  be  applied  to  the  discharge  of  their  debts,  the  confirmation 

7* 


130  MINING   LAWS   OF  MEXICO. 

of  their  marriages,  the  payment  of  pecuniary  penalties,  and  the  satisfac- 
tion of  parties  whom  they  may  have  aggrieved  ;  and  of  all  this  the  pro- 
prietor or  administrator  of  the  mine  or  establishment  must  keep  a  clear 
and  distinct  account. 

SEC.  21.  If  any  barretero  or  other  workman,  or  person  serving  in  the 
mines,  shall  work  improperly,  leaving  any  metal  adhering  to  the  surface 
of  the  mine,  or  in  any  other  manner  maliciously  concealing  metal,  he 
shall  be  punished  in  the  manner  prescribed  by  section  nineteen  of  the 
present  chapter. 


CHAPTER    XIII.  . 

SUPPLY     OP     WATER     AND     PROVISIONS. 

SECTION  1.  The  supply  of  water  for  drinking  being  an  object  of  the 
greatest  importance  in  mining  districts,  I  ordain  and  command  that  its 
introduction  thereto,  the  preservation  of  its  source,  and  the  good  condi- 
tion and  cleanliness  of  the  conduit  pipes  be  particularly  attended  to,  and 
that  no  water  be  used  that  is  impregnated  with  mineral  particles. 

SEC.  2.  I  prohibit  most  rigorously  the  emptying  of  any  water  from 
the  mine  drains,  and  from  the  washing  places  of  the  works  and  smelting 
houses,  into  the  streams  or  aqueducts  by  which  the  population  is  sup- 
plied ;  and  I  command  that  the  said  water  be  carried  off  by  canals  or 
otherwise. 

SEC.  3.  I  desire  and  command  that  in  the  immediate  neighborhood  of 
mining  districts,  there  may  be  a  sufficient  number  of  grazing  places  and 
watering  places  for  the  cattle  which  work  the  machinery  necessary  to  the 
reduction  of  the  metal  from  the  ore,  or  which  are  employed  in  the  trans- 
portation thereof,  or  who  shall  be  paid  for  the  same,  if  their  possession 
be  lawful,  according  to  the  valuation  of  a  surveyor  appointed  on  each 
side,  and  of  a  third  in  case  of  disagreement ;  with  the  express  under- 
standing, however,  that  such  sales  shall  only  happen  in  cases  of  lands 
which  can  lawfully  be  granted,  and  to  the  extent  which  may  be  necessary 
for  the  above  mentioned  purpose,  and,  as  to  any  excess  over  and  above, 
that  shall  only  take  place  with  the  free  consent  of  the  owner  of  such 
lands. 

SEC.  4.  All  persons  are  permitted  to  go  with  and  drive  the  said  cattle 
through  all  common  and  public  lands,  meadows,  or  pastures  belonging  to 
other  mining  districts,  or  through  places  not  possessing  any  mines,  with- 


MINING   LAWS   OF  MEXICO.  131 

out  paying  anything  on  that  account,  although  their  masters  may  not 
reside  in  such  district ;  and  they  shall  enjoy  the  like  exemption  from  such 
payments  on  lands  belonging  to  individuals  where  it  is  not  the  cus- 
tom for  other  passengers  or  mule  drivers  to  pay ;  but  where  it  is  the 
custom  for  others  to  pay,  then  they  also  shall  pay  what  is  usual  and  just ; 
and  I  declare  that  persons  going  about  to  search  for  mines  shall  be 
allowed  to  have  one  beast  to  ride  on,  and  one  to  carry  their  luggage, 
without  paying  anything  for  their  pasture,  either  on  public  or  private 
property,  and  whether  it  be  customary  or  not  to  pay  for  the  same  ;  but 
in  order  that  this  privilege  may  not  be  abused  any  excess  shall  be  watched 
with  the  greatest  care,  and  if  such  be  committed  to  the  prejudice  of  a 
third  person,  application  shall  be  made  to  the  respective  Koyal  Court  for 
the  proper  remedy. 

SEC.  5.  In  order  to  restrain  any  extraordinary  rise  in  the  price  of  pro- 
visions and  clothing  in  the  mining  districts,  when  they  are  in  a  flourish- 
ing state,  and  that  the  same  may  be  equitably  regulated  according  to 
the  circumstances  which  ought  to  influence  it,  the  Territorial  Deputations 
shall  make  proper  representations  thereupon  to  the  Courts  of  the  Dis- 
trict, according  to  what  is  laid  down  in  section  thirty-five  of  chapter 
three  of  these  Ordinances  ;  and  also  for  the  restraining  and  punishment 
of  monopolies,  extortions,  usuries,  and  all  unfair  or  fraudulent  contracts 
or  practices  whatsoever. 

SEC.  6.  All  persons  shall  be  at  liberty  to  carry  to  the  mines  maize, 
wheat,  barley,  and  other  provisions  and  necessaries,  such  as  charcoal, 
wood,  tallow,  hides,  etc.,  more  especially  when  they  have  been  sent  for 
them  by  the  miners  themselves  ;  and  for  this  purpose  I  grant  them  per- 
mission to  bring  such  provisions  from  all  cities,  towns,  villages,  and 
establishments  whatsoever,  even  if  situated  in  other  districts,  provinces, 
or  governments,  provided  there  be  just  cause  for  so  doing ;  and,  there- 
fore, I  command  all  Governors  and  Magistrates  of  the  different  places 
not  to  obstruct  them  in  so  doing,  nor  to  allow  the  price  of  such  articles 
to  be  improperly  raised,  but  rather  to  assist  and  favor  them  in  order  that 
the  mines  and  persons  employed  in  them  may  be  always  sufficiently  pro- 
vided with  what  is  necessary. 

SEC.  7.  Without  prejudice  to  the  jurisdiction  and  cognizance  granted 
to  the  Royal  Courts  by  section  thirty  of  chapter  three  of  these  Ordi- 
nances, the  Territorial  Deputations  are  to  be  allowed  frequently  to  visit 
and  inspect  the  fountains  and  sources  which  supply  the  waters  for  putting 
the  machinery  of  the  mines  in  motion,  in  order  that  they  may  be  able  to 
make  representations  thereupon  to  the  said  Courts  as  occasion  may 
require,  and  in  order  that  all  persons  may  be  prevented  from  cutting 


132  MINING  LAWS   OF  MEXICO. 

down  any  of  the  woods  in  the  neighborhood  which  serve  to  protect  them, 
or  clearing  them  away  for  tillage,  or  otherwise  reducing  them ;  as  also 
from  making  any  hollows  in  the  neighborhood  lower  than  the  waters,  or 
doing  any  other  thing  by  which  they  may  be  drained  off,  or  diminished  ; 
but  on  the  contrary,  they  may  be  cleansed  and  purified  with  all  the  pre- 
cautions of  scientific  practice. 

SEC.  8.  The  said  Deputations  shall  likewise  take  care  that  the  rivers 
and  streams  preserve  their  ancient  course  and  beds,  representing  to  the 
Royal  Courts  in  proper  time,  and  before  the  said  evils  shall  have  become 
irremediable,  the  impediments  which  have  occurred  either  from  the  cur- 
rent leaving  islands,  or  banks  which  change  the  direction  of  the  stream, 
or  from  the  overflowing  of  the  banks,  or  from  other  causes,  which  might 
be  remedied  by  proper  diligence  in  many  cases  ;  and  to  the  end  that  the 
provisions  of  this  and  the  preceding  section  may  be  carried  into  effect, 
the  Deputies  and  the  Surveyor  of  each  mining  district  shall  twice  in 
every  year  visit  the  fountains  and  springs  within  their  boundaries,  once 
just  before  the  rains  and  once  immediately  after,  carefully  examining 
them,  and  if  they  find  that  they  require  any  cleansing,  repairing,  altera- 
tion, or  amendment,  in  order  to  preserve  their  proper  channel  and  direc- 
tion, they  shall  make  representation  thereof  to  the  Royal  Courts,  who  shall, 
with  the  intervention  of  the  said  Deputies  and  Surveyor,  order  the  same 
to  be  repaired  at  the  expense  of  the  owners  of  the  estates  and  others 
interested  in  such  waters ;  and  in  case  of  there  being  no  such  interested 
persons,  or  their  contributions  not  being  sufficient,  the  said  Deputies 
shall  appoint  such  arbitrators  as  they  shall  consider  competent  and 
impartial,  who  are  to  determine,  according  to  the  provisions  of  section 
thirty-six  of  chapter  three  of  these  Ordinances,  whether  or  no  such 
repairs  shall  be  undertaken  at  the  public  expense. 

SEC.  9.  To  the  end  that  the  high  roads  and  private  ways  necessary  for 
the  intercourse  of  villages  in  the  neighborhood  of  mines,  with  the  rest  of 
the  district  on  which  they  depend  for  supplies,  may  be  kept  in  as  good 
and  secure  a  condition  as  possible,  considering  that  generally  those  in 
the  immediate  neighborhood  of  the  mine  districts  are  much  broken  up, 
difficult,  and  dangerous,  particularly  during  the  rainy  season,  I  ordain 
and  command  that  the  Territorial  Deputations  shall  promote  this  import- 
ant object  by  all  the  means  in  their  power,  before  the  respective  Royal 
Courts,  by  carrying  the  same  into  effect  either  at  the  expense  of  the 
owners  of  mines  or  establishments,  or  by  imposing  a  toll  upon  passengers 
and  mule  drivers,  if  this  be  agreeable  to  the  practice  of  such  place,  or  in 
any  other  manner ;  provided,  only,  that  the  Court  be  guided  in  this 
respect  by  the  provisions  of  the  said  section  thirty-six  of  chapter  three. 


MINING  LAWS   OF  MEXICO.  133 

SEC.  10.  For  the  better  preservation  and  security  of  private  roads 
between  villages  and  mines,  between  mines  and  mines,  and  also  between 
mines  and  establishments,  the  provisions  of  the  preceding  section  shall 
be  acted  upon,  even  though  such  works  ought  in  the  particular  case  to 
have  been  effected  by  the  owners  of  the  respective  mines  or  establish- 
ments ;  moreover,  the  Territorial  Deputations  are  enjoined  to  visit  the 
said  roads  frequently  with  the  utmost  attention  and  care,  inasmuch  as 
the  said  roads  and  ways,  being  in  general  narrow  and  broken,  are  ren- 
dered still  more  dangerous  by  the  constant  traffic,  carelessness,  and  neg- 
ligence of  those  who  frequent  them. 

SEC.  11.  As  to  rivers,  streams,  and  currents  which  it  is  necessary  to 
pass  over  in  order  to  go  to  or  from  the  mining  districts,  there  shall  be 
built  substantial  bridges  of  stone  and  lime-work,  or  at  least  of  timber, 
on  solid  foundations  of  stone  and  cement,  which  are  more  proper  for  such 
rivers,  as  those  which  run  between  high  grounds  at  no  great  distance 
from  each  other  are  generally  deep  and  rapid  rather  than  of  great  width  ; 
for  the  necessity  of  their  construction,  the  amount  of  their  expense,  and 
the  ascertaining  of  the  parties  upon  whom  such  expense  is  to  be  levied, 
proceedings  are  to  be  had  according  to  sections  thirty -five  and  thirty-six 
of  chapter  three  of  these  Ordinances. 

SEC.  12.  The  mountains  and  woods  in  the  neighborhood  of  mines  are 
to  be  used  for  the  purpose  of  providing  them  with  timber  for  their 
machinery,  and  with  wood  and  charcoal  for  the  reduction  of  the  ores, 
and  the  same  is  to  be  understood  with  regard  to  those  which  are  private 
property,  provided  a  fair  price  be  paid  to  the  owners ;  and  I  hereby  pro- 
hibit all  persons  from  exporting  or  removing  their  timber,  wood,  or  char- 
coal from  their  respective  districts  to  others  which  might  be  more  prop- 
erly supplied  elsewhere. 

SEC.  13.  The  cutters  and  carriers  of  wood  shall  not  cut  at  any  other 
time,  nor  deliver  in  any  other  manner,  than  shall  be  prescribed  by  the 
particular  regulations  which  are  to  be  drawn  up  by  the  Koyal  Tribunal 
General  of  Miners,  by  which  they  are  to  be  regulated ;  provided,  that 
these  regulations  shall  in  the  first  instance  be  approved  by  the  Viceroy 
and  authorized  by  my  Royal  approbation. 

SEC.  14.  All  dealers  in  wood  and  charcoal  are  strictly  prohibited  from 
cutting  young  shoots  for  firewood  or  charcoal,  and  I  ordain  that  planta- 
tions of  young  trees  shall  be  formed  where  there  are  none  ;  particularly 
in  those  places  where  there  have  been  such  plantations  formerly,  as  from 
the  consumption  and  failure  of  reproduction  the  two  species  of  wood 
most  necessary  in  the  working  of  mines  and  reduction  of  metals  have 
become  scarce  ;  and  be  it  understood,  in  order  to  attain  this  important 


134  MINING  LAWS   OF  MEXICO. 

object  the  Royal  Tribunal  of  Miners  shall  draw  up  particular  instruc- 
tions and  directions,  which  must  be  observed  under  certain  penalties  to 
be  named  therein  for  that  purpose,  there  being  the  same  necessity  for  the 
approval  of  the  Viceroy  and  my  approbation  as  in  the  preceding  section. 

SEC.  15.  Wells  of  salt  water  and  veins  of  salt  rock,  which  are  fre- 
quently met  with  in  some  mining  districts,  may  be  denounced,  the  great- 
est care  being  used  to  authenticate  such  discoveries,  and  no  impediment 
being  thrown  in  the  way  thereof  by  any  Judge  or  individual ;  provided, 
however,  that  notice  thereof,  and  of  such  denouncement,  be  given  to  the 
Superior  Government,  in  order  that  they  may  take  account  of  and  deter- 
mine as  to  the  working  and  distribution  and  price  of  the  salt,  so  that  no 
injury  shall  accrue  to  my  Royal  Revenue,  and  that  the  miners,  and  more 
particularly  the  discoverer  and  denouncer,  may  derive  the  utmost  benefit 
therefrom  ;  observing,  however,  that  the  Indians  are  by  no  means  to  be 
deprived  of  the  salt  works  which  are  conceded  to  them  by  law,  nor  pre- 
vented from  the  use  thereof  in  the  same  manner  as  is  now  permitted  to 
them. 

SEC.  16.  The  Judge  and  Deputies  of  each  mine  establishment  shall  take 
particular  care  that  in  the  prices  of  timber,  wood,  charcoal,  hides,  tal- 
low, cordage,  salt,  magistral  (sulphate  of  iron)  (chalk),  ashes,  barley, 
straw,  and  other  things  of  indispensable  necessity  in  the  working  of 
mines,  the  sellers  thereof  shall  not  act  with  extortion  ;  for  which  pur. 
pose  the  said  Judge,  acting  in  concert  with  the  Territorial  Deputation , 
shall  fix  the  prices  of  the  said  articles,  with  due  regard  to  justice  and 
equity,  so  that  neither  the  seller  shall  lose  the  regular  profit  of  his  trade, 
to  which  he  is  justly  entitled,  nor  fall  into  the  other  extreme  of  demand- 
ing exhorbitant  prices,  which  would  paralyse  the  labor  of  miners,  who, 
generally  speaking,  are  not  in  flourishing  circumstances. 

SEC.  17.  The  distribution  by  retail  or  parceling  out  of  quicksilver  in 
small  quantities  shall  be  provided  for  in  the  manner  directed  by  my 
Eoyal  Orders  of  the  twelfth  of  November,  1773,  and  fifth  of  October, 
1774. 

SEC.  18.  Whoever  shall  work  mines  in  a  different  district  to  that  in 
which  he  resides,  and  shall  derive  considerable  advantage  from  such 
working,  shall  be  obliged  either  to  build  a  house  in  that  village  which  is 
in  the  neighborhood  of  his  mine,  or  to  construct  some  work  of  public 
utility  to  be  estimated  by  the  Deputies  of  Miners,  and  shall  also  be 
liable  to  all  the  charges  which  are  or  ought  to  be  paid  by  the  miners  of 
the  said  district. 

SEC.  19.  No  dealer  or  miner  shall,  under  any  pretense  whatsoever, 
intercept  on  the  roads  the  sellers  of  fruit,  grain,  or  other  commodity, 


MINING   LAWS   OF   MEXICO.  135 

even  though  they  pretend  that  they  are  buying  for  their  own  consump- 
tion, and  not  for  the  purpose  of  selling  such  articles  again  ;  but  I  grant 
the  mine  owners  liberty  to  purchase  such  articles  in  other  villages,  and  to 
conduct  them,  on  their  own  account,  to  the  mines,  and  I  permit  the  sel- 
lers generally  to  carry  them  thither  withont  obstruction. 


CHAPTER     XIV. 

MILLEKS,   PERSONS   WHO   REDUCE    ORES   FOR   THE   MINERS     BY   AGREEMENT, 
AND    PURCHASERS    OF    METAL. 

SECTION  1.  Considering  the  measures  which  may  best  promote  the 
advancement  of  the  mines,  as  well  as  the  increase  and  support  of  the 
mining  population,  and  observing  the  customs  which  have  hitherto  pre- 
vailed in  New  Spain,  by  which  it  is  permitted  to  all  persons  to  buy  and 
sell  ores,  and  also  to  erect  establishments  for  reducing  the  same,  although 
they  may  not  themselves  be  the  possessors  of  mines,  I  will  ordain  that 
both  these  customs  be  kept  up  and  encouraged,  provided  that  in  so  doing 
the  strictest  attention  is  paid  to  the  enactments  of  the  eleven  following 
sections  : 

SEC.  2.  All  persons  are  prohibited  from  purchasing  ores  otherwise 
than  in  the  outer  courts  of  the  mines,  or  in  some  public  place  adjoining 
thereto,  within  the  view  and  by  the  permission  of  the  owner,  administra- 
tor, or  accountant  of  the  mine,  from  whom  such  purchaser  must  receive 
a  ticket  expressing  the  day  on  which  the  metal  is  purchased,  its  weight, 
quality,  and  price,  and  whether  it  be  the  property  of  the  master,  or  of 
any  person  working  or  serving  in  the  mine. 

SEC.  3.  If  any  miner  shall  lay  information  of  any  of  his  metal,  which 
has  been  stolen,  being  in  the  possession  of  a  purchaser,  and  such  pur- 
chaser, on  examination  and  comparison  of  the  metal,  cannot  justify  him- 
self by  the  production  of  such  a  ticket  as  is  mentioned  in  the  preceding 
section,  the  same  shall  be  considered  as  having  been  stolen,  without  the 
necessity  of  farther  proof,  and  shall  be  restored  to  the  miner  ;  but  if  the 
latter  by  any  other  means  shall  clearly  prove  it  to  have  been  stolen,  and 
there  shall  have  been  a  repetition  of  the  offense,  the  offending  party  shall 
not  only  restore  the  stolen  property  to  the  miner,  but  such  penalties  shall 
be  inflicted  on  the  offender  by  the  proper  Judge  as  are  directed  by  sec- 
tion twenty-nine  of  chapter  three  of  these  Ordinances,  with  attention  to 
the  nature  and  all  the  circumstances  of  the  offense. 


136  MINING  LAWS   OP  MEXICO. 

SEC.  4.  No  one  shall  be  allowed  to  purchase,  from  persons  working  or 
serving  in  the  mines,  quicksilver,  either  fused  or  in  a  crude  state,  metallic 
grains,  gunpowder,  ashes,  chalk,  or  lead,  under  a  penalty  to  the  buyer  of 
paying  double  the  amount  thereof  on  conviction,  and  to  the  seller  of 
being  severely  punished,  according  to  the  nature  of  the  offense,  even 
though  no  one  should  come  forward  expressly  to  convict  him. 

SEC.  5.  In  order  that  the  owners  of  establishments  for  reducing  the 
metals  may  not  exhorbitantly  raise  the  price  thereof,  to  the  prejudice  of 
the  miners,  and  on  the  other  hand  may  not  fail  to  realize  a  fair  profit,  I 
ordain  and  command  that  the  Judges  of  the  respective  mining  districts 
shall  every  year,  acting  in  concert  with  the  Territorial  Deputations, 
establish  and  fix  the  proper  dues  to  be  taken  that  year  for  every  quintal 
of  ore,  regulating  the  same  according  to  the  price  of  timber,  of  iron, 
and  of  labor,  and  of  whatever  else  ought  to  be  considered  for  the  pur- 
pose ;  and  shall  establish  the  same  by  a  table  of  fees,  which  is  to  be  pre- 
pared under  the  authority  of  the  said  Judges,  and  to  be  affixed  to  and 
exhibited  in  public  places,  and  to  be  kept  in  every  establishment  where 
metals  are  reduced  in  the  manner  here  mentioned,  and  its  provisions  to 
be  strictly  complied  with. 

SEC.  6.  The  said  reducers  are  on  no  account  to  charge  the  owners  of 
the  metals  a  higher  price  for  quicksilver  than  is  paid  for  it  in  the  same 
district  by  those  mine  owners  who  procure  it  on  their  own  account  and 
for  their  own  consumption. 

SEC.  7.  In  the  article  of  salt,  magistral,  chalk,  powder  of  lead,  char- 
coal, wood,  and  other  ingredients  used  in  the  reduction  of  metal  by 
quicksilver  or  by  fire,  the  said  reducers  shall  not  be  allowed  to  take  more 
than  twelve  per  cent,  profit  on  the  actual  price  at  which  they  may  be 
bought  at  first  cost  by  those  who  purchase  them  on  their  own  account 
and  for  their  own  consumption. 

SEC.  8.  The  tickets  which  are  usually  given  to  owners  of  metals,  con- 
taining an  account  of  the  expenses  and  produce,  are  not  only  to  express 
the  same  generally,  but  are  to  particularize  the  reducing  expenses,  the 
price  of  each  ingredient,  the  price  of  the  labor,  the  consumption  of 
quicksilver,  and  the  produce  of  gold,  etc.,  and  must  be  signed  by  the 
owner  and  administrator  of  the  establishment,  and  by  the  amalgamator 
or  smelter;  and  in  the  event  of  any  of  the  preceding  sections  being 
transgressed,  proceedings  shall  be  had  by  the  production  of  such  ticket 
against  the  owner  or  administrator  of  the  establishment,  so  as  to  identify 
the  owner  of  the  metal ;  and  if  intentional  fraud  shall  be  proved  against 
them,  they  shall  pay  him  three  times  the  value. 

SEC.  9.  No  reducer  of  metal  shall  compel  the  owner  of  metals  to  pay 


MINING   LAWS    OF   MEXICO.  137 

the  costs  of  reduction  with  the  silver  or  gold  so  reduced,  but  only  in 
money  ;  but  if  there  shall  have  been  an  agreement  to  pay  in  bullion,  the 
same  is  to  be  taken  at  its  full  value,  without  any  premium  or  reduction  ; 
and  the  same  thing  is  to  be  observed  with  respect  to  the  amalgam  (silver 
and  mercury  combined),  which  it  may  be  sometimes  necessary  to  leave  at 
the  establishment  as  a  pledge  during  the  continuance  of  such  agreement. 

SEC.  10.  In  order  to  prevent  the  frauds  and  impositions  which  fre- 
quently arise  from  the  uncertainty  of  the  reduction  by  quicksilver  and 
by  fire,  sometimes  to  the  injury  of  the  owners  of  the  metal  by  taking 
away  part  of  the  silver  or  gold  produced  ;  sometimes  to  the  injury  of  the 
reducers,  when  the  metal  is  not  sufficient  to  pay  the  costs  of  its  reduc- 
tion, I  ordain  and  command,  that  until  the  establishment  of  a  Public 
Office  in  the  mininng  districts,  which  ought  to  be  done  as  soon  as  possi- 
ble, for  the  reduction  by  way  of  assay  of  one  or  more  quintals  of  metal, 
for  the  purpose  of  ascertaining  its  intrinsic  richness,  either  the  owner  of 
the  metal,  or  of  the  reducing  establishment,  when  he  shall  entertain  any 
doubts  concerning  the  results  of  the  reduction,  may  choose  out  and  have 
deposited  one  or  more  quintals  of  the  metal,  to  be  reduced  afterwards 
for  his  satisfaction  by  surveyors  appointed  in  the  usual  manner,  one  on 
each  side,  and  a  third  in  case  of  their  disagreement. 

SEC.  11.  With  the  same  view  that  directed  the  preceding  section,  no 
owner  of  metal  who  sends  it  to  be  reduced  by  such  an  establishment, 
belonging  to  another  person,  shall  be  prevented  from  attending,  either 
personally  or  by  a  confidential  agent,  all  the  operations  of  the  reduction, 
from  making  trials,  from  assaying  any  part  of  the  mass  in  various  ways, 
and  doing  everything  else  that  he  may  think  conducive  towards  the  bet- 
ter reduction  of  the  metal,  or  the  satisfying  himself  of  the  manner  in 
which  it  is  done. 

SEC.  12.  The  amount  of  carriage  to  be  paid  to  the  mule  drivers  upon 
metals  taken  from  the  mines  to  the  establishments,  whenever  any  exces- 
sive charge  is  made,  shall  be  settled  by  the  Judge  of  the  district,  acting 
in  concert  with  the  Territorial  Deputations,  having  a  due  regard  to  jus- 
tice and  equity,  and  making  a  difference  between  the  dry  and  rainy  sea- 
sons. 

SEC.  13.  And  if  any  of  the  said  mule  drivers  shall  be  proved  to  have 
stolen  or  sold  any  of  the  metal  on  the  roads,  replacing  the  same  by  other 
materials,  they  shall  be  proceeded  against  accordingly,  by  the  proper 
judges,  and  section  twenty-nine  of  chapter  three  of  these  Ordinances 
shall  be  observed  in  the  infliction  of  penalties  on  such  persons  ;  and  also, 
in  case  of  the  offense  being  repeated,  always  with  due  regard  to  the 
nature  and  character  of  the  offense,  deciding  the  same  according  to  law, 


138  MINING  LAWS   OP  MEXICO. 

and  in  the  form  prescribed  in  said  chapter  three  ;  and  be  it  understood, 
that  if  any  of  the  cases  comprised  in  section  thirteen  of  this  chapter,  the 
imposition  of  penalties,  or  the  loss  of  property,  beasts  of  burden,  or 
other  thing  whatever,  come  under  consideration,  proceedings  shall  be  had 
according  to  section  thirty-two  of  chapter  three. 


CHAPTER    XV. 

CONTRACTORS    FOR    SUPPLYING    MINES   WITH    MONEY  AND    OTHER    ARTICLES. 

SECTION  1.  It  often  happens  that  mine  owners  carry  on  the  works  in 
their  mines  with  the  capital  of  other  persons,  either  because  they  have 
not  at  first  sufficient  funds  of  their  own,  or  from  having  exhausted  their 
own  funds  in  various  operations  before  the  extraction  of  sufficient  metal 
to  make  them  a  return,  and  in  such  cases  they  are  in  the  habit  of  agree- 
ing with  contractors  for  supplies  in  one  of  two  methods  :  either  by  let- 
ting them  have  the  gold  or  silver  which  they  may  extract  at  a  price 
somewhat  below  the  real  value,  leaving  said  contractors  the  benefit  of 
the  difference,  which  method  is  called  allowing  a  premium  upon  the  met- 
als, or  by  giving  the  contractor  a  share  in  the  mine,  making  him  a  per- 
petual proprietor  thereof,  or  of  the  metals  for  a  certain  time  by  a  species 
of  partnership  ;  and  whereas  the  necessities  of  the  miners,  and  the  facil- 
ity of  some  of  the  contractors,  often  lead  to  contracts  which,  being 
unjust,  or  usurious,  or  ill  understood  from  the  beginning,  or  appealed 
against  by  one  or  the  other  of  the  parties,  give  rise  to  litigation,  which 
suspends  the  supplies,  and  occasions  injury  to  the  mines,  and  a  loss  of 
the  capital  laid  out  upon  them ;  it  is  my  sovereign  will  and  pleasure  that 
no  mine  owner  shall  conclude  any  agreement  for  supplies  without  a  reg- 
ular signed  contract,  leaving  it  at  his  option  to  complete  the  same,  or 
not,  before  a  notary  or  witnesses  ;  and  no  agreement  that  may  have  been 
entered  into  without  such  signed  contract  shall  be  capable  of  being 
enforced,  but  such  cases  to  be  determined  according  to  the  general  rules. 

SEC.  3.  In  all  agreements  of  the  first  mentioned  kind,  attention  and 
consideration  must  be  given  to  the  number  of  marks  (eight  ounces  to  a 
mark)  in  each  delivery,  and  how  often  such  deliveries  take  place,  so  that 
if,  through  any  accidental  circumstances  in  the  mine,  the  number  of  deliv- 
eries should  increase  or  diminish  considerably,  either  of  the  contracting 
parties  may  be  allowed  to  increase  or  diminish  the  premium  upon  the 


MINING  LAWS   OF  MEXICO.  139 

metals,  without  violating  the  original  contracts  in  other  respects  ;  for 
which  purpose  in  the  instrument  as  originally  drawn  up,  the  number  of 
annual  deliveries  shall  be  specified,  and  the  number  of  marks  in  each 
delivery,  or  the  parties,  if  they  please,  may  renounce  altogether  any  right 
to  avail  themselves  of  such  accidents  as  above-mentioned,  in  which  cases 
the  original  contracts  shall  remain  in  force  for  all  purposes. 

SEC.  3.  If  the  mine  owner  shall  secure  to  the  mine  contractor  a  cer- 
tain sum  for  the  supplies,  either  by  deposit  or  security,  to  the  satisfaction 
of  the  contractor,  the  latter  shall  not  receive  in  the  way  of  premium 
more  than  would  amount  to  five  per  cent,  per  annum  on  the  capital 
advanced. 

SEC.  4.  The  contractors  shall  furnish  the  supplies  in  ready  money,  or 
in  bills  payable  without  discount  or  loss  ;  or,  if  the  mine  owners  should 
prefer  having  goods  and  effects,  such  shall  be  delivered  to  him  of  a  good 
quality  and  in  a  good  condition,  and  at  the  price  at  which  they  could  be 
bought  for  ready  money,  at  the  place  where  the  contractor  resides,  and  in 
no  other  manner  whatsoever. 

SEC.  5.  Risks  and  accidents  happening  upon  the  road  in  the  transport 
of  supplies,  and  the  freight  and  (excise)  duties  payable  upon  the  supplies 
shall  be  at  the  expense  of  the  mine  owner,  where  the  contract  is  by  pre- 
mium upon  the  metals  ;  but  where  the  contract  is  in  the  way  of  partner- 
ship, such  costs  shall  be  at  the  expense  of  both,  unless  any  other  mode 
be  particularly  expressed  in  the  deed  of  agreement. 

SEC.  6.  In  case  of  the  capital  supplied  being  entirely  expended,  or  of 
a  part  of  it  not  being  covered  by  the  remaining  effects,  the  mine  owner 
shall  not  be  responsible  for  the  same,  in  his  person,  nor  in  any  other 
property  which  he  may  possess,  excepting  only  that  connected  with  the 
mines  and  the  reducing  establishments,  supposing  this  latter  to  be  erected 
out  of  the  capital  advanced  ;  but  the  mine,  and  the  effects,  and  profits 
thereof,  after  deducting  the  expenses,  shall  go  to  the  payment  of  the  con- 
tractors, one  after  another,  beginning  with  the  last  or  most  recent ;  be  it 
understood,  however,  that  this  being  a  privilege  granted  by  the  law  only 
to  creditors  who  advanced  second  supplies  for  the  restoring  and  refitting 
of  mines,  it  is  necessary  that  the  three  qualifications  should  all  concur, 
in  order  to  its  being  enjoyed  ;  but  if  the  mine  owner,  from  actual  neces- 
sity, shall  abandon  the  mine,  without  any  fraudulent  intention,  and  hav- 
ing given  notice  thereof  to  the  creditors,  it  shall  not  remain  liable  for 
former  claims,  when  it  is  in  the  hands  of  the  new  possessor ;  and  it  is 
further  declared,  that  if  the  capital  supplied  to  such  mines,  and  in  regard 
to  which  such  deficiency  occurs,  has  not  been  furnished  in  the  way  of 
partnership,  between  the  contractor  and  mine  owner,  in  which  case  the 


140  MINING   LAWS   OF   MEXICO. 

profit  or  loss  is  to  be  in  common  between  them  ;  but  in  the  way  of  loan, 
and  the  mine  owner  shall  have  made  his  property  answerable,  either  by 
choice  or  because  the  contractor  required  it  for  greater  security  ;  under 
such  circumstances  the  said  obligation  shall  remain  complete  in  all  its 
parts,  notwithstanding  the  general  provisions  of  this  section. 

SEC.  7.  If  no  agreement  shall  have  been  made  at  first,  as  to  the  mode 
of  securing  the  advances  contracted  for,  when  they  are  supplied  in  the 
way  of  premium  upon  the  metal,  the  contractor  shall  not  acquire  the 
same  in  any  manner  prejudicial  to  the  mine  owner  in  the  working  of  his 
mine  by  cutting  off  the  supplies  ;  nor  shall  he  be  obliged  to  receive  back 
from  the  mine  owner,  in  small  sums,  the  supplies  he  may  have  advanced. 

SEC.  8.  Although  the  mine  owner  may  not  have  observed  at  any  time 
that  his  silver  contains  a  mixture  of  gold,  the  separation  of  which  from 
the  silver  would  be  expensive,  or  that  there  be  silver  amongst  the  gold 
of  a  baser  quality,  and  the  contractor  should  have  discovered  the  same, 
either  by  assaying  or  other  method ;  be  it  understood  that  the  profit 
thereof  shall  not  go  to  the  said  contractor,  but  shall  be  placed  to  the 
credit  of  the  mine  owner,  or  proprietor  of  the  metal,  in  the  account  kept 
between  him  and  such  contractor. 

SEC.  9.  When  the  contract  of  supply  is  made  in  the  way  of  partner- 
ship in  the  property  of  the  mine,  be  it  understood  that  the  capital 
invested,  until  the  time  when  there  shall  be  a  surplus  profit,  over  and 
above  the  expenses,  is  not  to  be  immediately  deducted  from  the  profits, 
with  preference  to  the  contractor,  but  the  profits  are  to  be  divided,  the 
capital  remaining  so  invested  during  the  continuance  of  the  partnership. 

SEC.  10.  The  Merchants  or  Dealers  in  silver,  who  receive  it  without 
having  advanced  anything  to  the  owners,  or  encountered  any  risk,  shall 
pay  for  it  at  the  full  value ;  and  if  they  give  in  exchange  for  it  any 
goods,  the  latter  shall  be  charged  at  the  regular  price,  and  shall  be  of 
good  quality ;  and  I  strictly  ordain  and  command,  that  the  said  mer- 
chants or  dealers  in  silver  shall  receive  it  from  the  mine  owners,  being 
assayed,  and  the  fifth  part  deducted  therefrom  (as  Royal  Duty) ,  conform- 
ably to  law,  and  as  repeatedly  enacted  by  Royal  Decrees,  in  order  to 
prevent  its  being  illegally  disposed  of  in  any  of  the  different  ways  in 
which  my  Royal  rights  are  infringed.  And  I  further  declare,  that  in 
those  districts  where  such  assaying  and  deducting  of  the  fifth  part  can- 
not be  conveniently  managed,  on  account  of  their  distance  from  the 
Royal  Treasuries,  or  marking  offices,  the  merchants  or  dealers  shall  bind 
themselves  before  the  Royal  Court  and  Territorial  Deputation  to  take 
the  metal  forthwith  to  the  office  of  the  district,  in  order  to  fulfill  the  said 
obligation  of  paying  any  Royal  dues,  and  to  verify  the  performance  of 


MINING   LAWS   OF   MEXICO.  141 

the  like,  as  regards  quicksilver,  according  to  the  established  custom  in 
New  Spain ;  the  said  Court  and  Deputation  allowing  them  a  certain 
time  for  carrying  all  this  into  effect,  and  giving  notice  of  the  said  obliga- 
tion to  the  Koyal  officers  whom  it  may  concern,  so  that  if  the  said  per- 
sons should  fail  to  fulfill  the  same,  such  silver  shall  be  deemed  to  be  con- 
fiscated, and  the  said  officers  shall  take  steps  to  obtain  possession  of  it, 
and  to  inflict  the  other  penalties  imposed  by  the  laws  upon  the  defraud- 
ers  of  my  Koyal  rights. 

SEC.  11.  All  the  Merchants  of  the  Mining  Districts  shall  keep  a  cor- 
rect and  light  balance  and  scales,  in  which  only  all  the  silver  and  gold 
shall  be  weighed  ;  and  they  shall  never  use  for  this  purpose  steelyards, 
however  large  the  masses  or  quantities  of  the  metal  may  be ;  and  they 
must  also  keep  weights  marked  and  properly  adjusted  according  to  those 
which  they  have  received  from  the  proper  Royal  authorities ;  and  I  per- 
mit the  respective  deputies  to  inspect  the  same  from  time  to  time  (with- 
out prejudice  to  the  regular  inspection  by  the  Royal  Court  and  Public 
Magistrate),  and  to  take  care  that  the  weighing  be  always  justly  and 
correctly  performed,  to  the  end  that  in  case  any  fraud  should  be  discov- 
ered, and  also  in  case  of  the  repetition  of  such  fraud,  proceedings  may 
be  had  before  the  competent  Royal  Court  for  the  imposition  of  penalties 
proportioned  to  the  nature  and  character  of  the  offense,  the  said  Court 
hearing  and  receiving  information  on  the  subject  from  the  deputies  of 
the  district. 

SEC.  12.  All  the  working  Miners  must  keep  their  tools  and  utensils 
marked,  and  if  any  one  shall  purchase  them  from  any  workman,  or  re- 
ceive them  in  pledge,  he  shall  pay  for  them  double  the  value. 

SEC.  13.  The  aforesaid  Merchants  and  Contractors  may,  for  their  satis- 
faction and  that  of  the  owner,  heat  the  blocks  or  ingots  of  silver  (mixed 
with  quicksilver)  over  a  charcoal  fire,  but  not  over  a  flame,  or  in  any 
manner  by  which  it  might  be  reduced  to  a  state  of  fusion,  except  in  cru- 
cibles ;  and  they  may  also  be  allowed  to  separate  them  so  as  to  examine 
them  within,  but  this  must  be  done  as  well  as  trying  its  quality  by  heat- 
ing it  upon  a  counter,  or  in  such  manner  that  the  owner  may  be  able  to 
collect  and  carry  away  all  the  waste  and  refuse  fragments  of  his  silver. 

SEC.  14.  Every  contractor  has  the  right  of  appointing  at  any  time 
an  Inspector  to  any  mine  owner  whom  he  contracted  to  supply,  although 
it  be  not  so  expressed  in  the  contract ;  but  be  it  understood,  that  such 
interventor  is  only  to  attend  to  the  correctness  of  the  accounts,  and  to 
have  power  over  the  money  and  effects,  but  not  to  interfere  with  or 
obstruct  the  working  of  the  mine,  which  belongs  entirely  to  the  mine 
owner ;  he  may,  however,  defer  the  carrying  on  of  the  operations,  by 


142  MINING  LAWS   OF  MEXICO. 

presenting  an  account  to  the  Deputies,  requesting  the  appointment  of 
Surveyors,  but  this  only  in  cases  which  will  admit  of  such  delay. 

SEC.  15.  Whereas  the  operations  of  mines  in  a  course  of  working, 
particularly  where  they  relate  to  the  draining  thereof,  cannot  be  impeded 
without  great  injury,  I  command  that  if  the  contractor  for  furnishing 
supplies  from  time  to  time,  shall  neglect  to  provide  them  in  such  man- 
ner that  at  the  proper  time  of  paying  the  wages  there  shall  not  be  suffi- 
cient to  pay  them,  and  the  mine  owner  foreseeing  this  event,  shall  have 
called  upon  the  contractor  accordingly,  and  given  notice  thereof  to  the 
Deputation,  then,  not  only  the  wages  shall  be  paid  with  the  best  fur- 
nished part  of  the  mine,  and  even  with  the  very  implements  and  utensils, 
but  the  mine  owner  shall  be  entitled  to  demand  immediate  execution 
against  the  contractor  for  what  is  due  to  him,  and  to  apply  for  money 
to  any  other  person,  or  treat  with  a  new  contractor,  whose  claim  shall 
be  preferred  to  that  of  the  preceding  one,  whenever  the  mine  begins  to 
yield  a  profit. 

SEC.  16.  Those  who,  under  pretense  of  obtaining  supplies  of  min- 
ing operations,  shall  in  any  way  misapply  the  capital  and  effects  fur- 
nished to  them  for  that  purpose,  shall  not  only  be  bound  in  their  persons, 
and  all  their  property,  for  the  repayment  of  the  same,  and  for  all  dam- 
age done,  or  interest  due  to  the  party,  without  being  allowed  the  privi- 
lege of  miners,  or  any  other  whatever,  but  shall  be  punished  in  manner 
suitable  to  the  nature,  heinousness,  and  circumstances  of  the  offense ; 
more  particularly  so,  if  they  shall  have  received  the  advances  in  confi- 
dence or  trust — all  this  being  regulated  by  the  dispositions  of  section 
twenty-nine  of  chapter  three. 

SEC.  17.  The  searchers — workers  who  are  paid  by  receiving  part  of  the 
metal — and  laborers  in  general,  and  other  persons  who  shall  offer  stones 
and  specimens,  falsely  pretending  that  the  same  are  the  produce  of  a 
mine,  thereby  soliciting  supplies  for  such  proposed  mine,  with  intent  to 
defraud  and  deceive  the  unwary,  shall  be  punished  with  all  the  rigor  of 
the  law,  according  to  the  circumstances,  heinousness,  and  maliciousness 
of  the  offense,  to  be  proved  before  the  proper  Court,  according  to  the 
provisions  of  section  twenty-nine  of  chapter  three  of  these  Ordinances. 


MINING   LAWS   OF   MEXICO.  143 


CHAPTER    XVI. 

FUND  AND  BANK  OF  SUPPLIES. 

SECTION  1.  Where  as  by  my  Royal  Decree  of  the  1st  of  July,  1776, 1 
was  pleased  to  relieve  the  body  of  miners  of  New  Spain  from  the  double 
duty  of  one  real  in  each  mark  of  silver,  formerly  paid  to  my  Royal 
Treasury,  under  the  name  of  seigniorage,  granting  them  at  the  same 
time,  the  right  of  imposing  upon  their  silver  the  half  or  two-thirds  part 
of  the  said  contribution,  for  the  purpose  of  aiding  and  promoting  the 
new  and  respectable  establishment,  to  which  these  Ordinances  have 
reference ;  and  considering  at  the  same  time,  that  the  destination  of  the 
same,  most  conformable  to  my  beneficent  intentions  in  this  respect, 
would  be  the  formation  of  a  fund  for  advancing  supplies  to  the  mines ; 
the  present  insecure  and  fluctuating  state  of  the  mines  in  general,  being 
for  the  most  part,  occasioned  by  the  want  of  capital,  with  the  aid  of 
which,  there  is  no  doubt,  they  would  be  put  in  a  more  secure  and 
flourishing  condition,  to  the  great  advantage  of  my  Royal  Treasury  and 
of  the  public.  For  these  purposes,  and  keeping  in  view  the  propositions 
laid  before  me  by  the  Royal  Tribunal,  of  the  important  body  of  the 
said  miners,  I  have  thought  proper  to  decree  and  command,  that  all 
silver  entered  in  my  Royal  Mint  in  Mexico,  or  in  any  other  that  may 
be  established  in  the  kingdom  of  New  Spain,  and  all  silver  that  shall  be 
remitted  to  those  in  Spain  on  account  of  individuals  (and  which  must 
at  all  times  have  been  at  first  assayed  and  the  fifth  part  deducted),  shall 
henceforward  pay  two-thirds  of  a  real  (probably,  per  mark)  towards  the 
formation,  preservation,  and  increase  of  a  fund  for  the  mines,  and  that 
no  mine  owner  whatever,  shall  be  exempted  from  such  contribution,  not 
even  those  to  whom,  for  any  just  cause  I  may  have  granted,  or  may 
in  future  grant,  a  remission  or  diminution  of  the  duties  on  metal,  which 
appertain  to  my  Royal  Treasury. 

SEC.  2.  The  management,  collection,  and  custody  of  the  moneys  to  be 
raised  in  this  manner,  shall  be  always  at  the  disposal,  and  under  the  con- 
trol of  the  said  important  body  of  miners  to  whom  they  belong,  by 
means  of  their  Royal  Tribunal  General  in  Mexico,  which  represents 
them.  After  deducting  from  these  moneys  whatever  may  be  necessary 
for  the  support  of  the  said  Royal  Tribunal,  and  of  the  college,  and  for 
the  instruction  of  young  persons  intended  for  the  mining  business,  of 
which  mention  will  be  made  hereafter,  and  all  extraordinary  and  partic- 
ular expenses,  which  may  be  incurred  for  the  common  interest  and 
advantage  of  said  body  of  miners,  all  the  rest,  and  the  successive 


144  MINING  LAWS   OF  MEXICO. 

augmentations  thereof,  shall  be  entirely  devoted  to  furnishing  supplies  for 
the  Corking  of  the  mines  throughout  the  kingdoms  and  provinces  of 
New  Spain,  a  bank  being  established  for  that  purpose,  according  to  the 
regulations  laid  down  in  the  following  sections : 

SEC.  3.  For  the  management  and  business  of  the  said  bank,  there 
shall  be  one  principal  Factor,  or  more  if  necessary — a  person  of  intelli- 
gence and  experience  in  the  method  of  supplying  mines  by  contract, 
who  shall  be  subject  to  and  dependent  upon  the  Royal  Tribunal  General 
of  the  Miners,  and  be  appointed  by  them  in  the  election,  by  a  majority  of 
votes,  they  also  having  the  power  to  remove  him  at  pleasure,  and  with- 
out being  obliged  to  assign  any  reason  for  such  removal. 

SEC.  4.  Such  Factor  either  may  be  paid  by  a  per  centage  on  the 
property  of  the  bank,  or  by  a  fixed  salary,  or  in  both  these  ways,  as  may 
be  deemed  expedient  by  the  Royal  Tribunal,  according  to  circumstances, 
but  he  must  give  bail  and  such  securities  for  his  conduct  as  shall  be 
satisfactory  in  the  opinion  of  the  chiefs  of  that  tribunal. 

SEC.  5.  The  gross  amount  of  the  capital  of  the  bank,  which  shall  be  in 
money,  or  in  gold  and  silver  bullion,  shall  be  preserved  in  chests,  of  which 
there  shall  be  four  keys,  which  shall  be  in  the  possession  and  keeping  of 
four  of  the  principal  persons  belonging  at  the  time  to  the  Royal  Tri- 
bunal ;  but  the  goods  and  merchandise  for  the  supplies  of  the  mines,  and 
such  part  of  the  capital  as  shall  be  necessary  for  the  current  business  and 
operations,  shall  be  in  the  possession  and  at  the  disposal  of  the  said 
Factor,  he  and  the  said  persons  above  mentioned,  being  respectively 
responsible  for  what  may  be  intrusted  to  his  and  their  care. 

SEC.  6.  The  Royal  Tribunal  General  of  Miners  shall  cause  to  be 
made  out  in  the  factory  every  year,  in  the  month  of  December,  an 
account  of  the  contents  of  the  warehouses  and  stores,  and  a  cash  account 
and  balance,  two  of  the  said  principal  persons  of  the  Tribunal  assisting 
at  such  operations ;  and,  moreover,  they  shall  take  the  accounts  of  the 
Factor,  without  prejudice  to  their  right  of  inspecting  the  said  accounts 
at  other  times,  whenever  they  shall  think  it  proper  and  prudent  to  do  so. 

SEC.  7.  The  Royal  Tribunal  shall  keep  an  account  and  correspondence 
with  the  mine  owners  who  have  their  supplies  by  contract  from  the 
bank,  and  shall  receive  and  reply  to  their  letters,  and  give  the  necessary 
orders  to  the  Factor  for  these  purposes. 

SEC.  8.  For  carrying  on  the  business  of  the  factory  there  shall  be 
such  writing  clerks  engaged  as  the  Factor  shall  think  proper,  he  having 
the  power  of  proposing  them  ;  but  they  are  to  be  appointed  and  their 
salaries  are  to  be  fixed  by  the  Royal  Tribunal,  and  they  are  to  be  paid 
by  the  bank,  and  the  Factor  is  to  have  the  power  of  diminishing  them, 
on  giving  verbal  notice  thereof  to  the  Royal  Tribunal. 


MINING   LAWS    OF   MEXICO.  145 

SEC.  9.  The  Factor  shall  receive  all  silver  which  is  remitted  by  mine 
owners  contracting  for  their  supplies  with  the  bank,  and  shall  exchange 
it  for  coined  money  at  the  Mint  in  Mexico,  paying,  in  the  first  instance, 
into  the  principal  Treasury  all  duties  on  the  metals  which  may  not  have 
been  paid  in  the  Provincial  Treasuries,  with  this  understanding,  how- 
ever, that  before  it  is  remitted  to  Mexico  the  said  mine  owners  shall 
make  declaration  at  the  Treasuries,  or  marking  offices,  in  their  respective 
districts,  of  the  quantity  of  silver  intended  to  be  remitted  without  pay- 
ing the  duties  on  metals,  and  shall  take  out  the  proper  permits  for  its 
removal,  under  an  obligation  to  make  a  return  afterwards  to  the  said 
Treasuries,  showing  that  the  said  duties  have  been  paid,  so  that  all 
frauds  may  be  avoided,  and  the  necessary  quicksilver  properly  purified, 
under  the  penalty  of  confiscation  of  all  that  shall  be  sent  in  any  other 
manner,  and  of  incurring  the  punishments  imposed  by  law  upon 
defrauders  of  my  Koyal  Eights  ;  and  the  officers  in  the  districts  shall 
give  notice  to  those  in  Mexico,  in  order  that  the  latter  may  take  care 
that  the  provisions  of  this  present  section  be  complied  with. 

SEC.  10.  The  said  Factor  shall  pay  the  interest  on  the  capital  received 
at  the  bank,  the  salaries  of  persons  employed,  and  all  other  sums  whatso- 
ever, upon  warrants  from  the  Koyal  Tribunal,  by  means  of  which  and 
the  corresponding  receipts,  he  shall  make  out  and  justify  his  account ; 
but  for  the  purpose  of  remitting  supplies,  whether  in  money  or  in  effects, 
to  persons  with  whom  an  account  current  is  kept,  no  particular  warrants 
shall  be  necessary,  but  it  shall  be  sufficient  for  him  to  act  under  the  gen- 
eral orders  of  the  said  tribunal  given  conformable  to  section  eight  of  this 
present  chapter,  as  to  whatsoever  shall  be  at  his  disposal,  according  to 
section  six  of  the  same. 

SEC.  11.  It  shall  be  the  duty  of  the  Factor  to  buy  goods  and  merchan- 
dise necessary  for  the  supplies  of  the  mines,  according  to  the  best  of  his 
judgment,  and  agreeable  to  the  orders  of  the  Koyal  Tribunal,  entering 
them  in  a  separate  book,  and  preserving  the  invoices. 

SEC.  12.  All  goods  delivered  on  account  of  the  bank  in  the  way  of 
supplies  to  mine  owners  must  be  of  the  best  quality  ;  and,  when  in  Mex- 
ico, at  the  current  prices  of  Mexico  ;  and  when  in  raining  districts,  at 
the  current  prices  of  those  districts,  if  the  ban£  shall  have  a  warehouse 
or  magazine  in  the  same,  or  the  goods  be  carried  thither  on  account  of 
the  bank. 

SEC.  13.  To  qualify  all  proposals  or  demands  relating  to  the  supply 

of  mines,  the  Koyal  Tribunal  shall  require  the  owners  to  produce  their 

titles  of  property  and  possession,  and  such  certificates,  informations  and 

further  proofs  as  may  be  necessary  to  establish  whatever  they  may  have 

8 


146  MINING  LAWS   OF   MEXICO. 

asserted  concerning  the  actual  state  and  condition  of  the  mine,  in  order 
that,  after  the  papers  have  been  properly  examined  by  the  assessor,  the 
required  credit  may  be  given  if  the  proposals  appear  to  be  fair  and  well- 
founded  ;  in  which  cases  the  Royal  Tribunal  is  to  make  all  necessary 
inquiries,  both  officially  and  secretly  with  the  greatest  prudence  and  cir- 
cumspection, taking,  or  causing  to  be  taken,  such  measures,  judicial  or 
extra-judicial,  as  shall  appear  to  them  necessary  for  regulating  their  con- 
duct with  regard  to  such  supplies ;  and  all  these  documents  are  to  be 
kept  in  their  archives. 

SEC.  14.  During  the  time  that  the  funds  of  the  bank  shall  be  sufficient 
to  furnish  all  the  mines  for  which  there  shall  appear  to  be  a  fair  and  well- 
grounded  claim  to  be  supplied,  the  claims  of  those  mine  owners  shall  be 
first  attended  to  who  are  most  in  want  thereof,  without  any  distinction  of 
persons,  and  without  any  preference  being  shown,  except  on  the  score  of 
the  necessity  and  urgency  of  the  case,  the  Royal  Tribunal  in  such  cases 
acting  with  that  justice  and  impartiality  which  ought  to  be  observed  in 
all  their  transactions. 

SEC.  15.  When  the  claim  is  thus  ascertained  to  be  proper  and  admis- 
sible, the  terms  and  conditions  under  which  the  supplies  are  to  be  fur- 
nished shall  be  settled  with  the  mine  owner,  and  before  the  contract  is 
concluded,  it  shall  be  laid  before  the  Royal  Tribunal,  conformably  to  the 
provisions  of  chapter  fifteen  of  these  ordinances  ;  the  great  bank  of  sup- 
plies not  enjoying  any  privileges  to  the  prejudice  of  other  banks,  or  of 
individuals  who  supply  mines ;  and  afterwards  the  contract,  thus  ap- 
proved of,  shall  be  executed  in  writing  before  the  clerk  of  the  Tribunal, 
and  orders  shall  be  given  for  furnishing  the  supplies  accordingly. 

SEC.  16.  In  mines  which  are  thus  supplied  by  the  bank,  Interventors 
shall  be  appointed,  who  shall  be  trustworthy  persons  of  good  character  ; 
and  they  shall,  jointly  with  the  mine  owner  receive  and  keep  the  moneys 
and  goods  supplied  by  the  bank  in  cellars  and  chests,  whereof  there  shall 
be  two  keys  ;  they  shall  apply  them  in  a  manner  they  think  best,  and 
they  shall  be  present  at  the  payment  of  the  wages  ;  shall  sign  the  ac- 
counts ;  shall  watch  and  inspect  the  workmen  as  they  go  into  and  out  of 
the  mines,  and  also  the  metals  that  are  taken  thereout,  and  shall  be  pres- 
ent at  the  reduction  of  the  metal  from  the  ore ;  and  in  short  shall  con- 
cern themselves  in  all  that  is  done  in  the  name  of  the  bank,  agreeable  to 
the  instructions  given  them,  until  the  time  when  the  supplies  shall  have 
been  repaid. 

SEC.  17.  The  Interventors  shall  not  oppose  any  arrangements  that  are 
made  by  the  mine  owner  or  administrator  in  regard  to  the  economy  and 
management  of  labor,  or  any  works  which  may  have  been  determined  on 


MINING  LAWS   OF  MEXICO.  147 

in  the  mine  ;  provided,  however,  that  in  cases  where  considerable  expense 
must  be  incurred,  the  Royal  Tribunal  shall  first  of  all  be  consulted. 

SEC.  18.  The  Interventors  shall  not  interfere  in  the  appointment  of 
persons  employed  in  a  subaltern  situation  in  the  mines,  but  they  may 
observe  the  conduct  of  such  persons,  in  order  to  represent  to  the  mine 
owner  anything  which  they  may  think  requires  amendment ;  and  if  the 
same  be  not  amended,  they  shall  inform  the  Royal  Tribunal  thereof,  in 
order  that  this  latter  body  may  make  provisions  for  its  amendment,  and 
may  do  all  in  its  power  to  keep  the  Interventor  and  the  mine  owner  upon 
good  terms,  acting  in  concert  together,  and  uniting  their  services  towards 
the  advancement  of  the  operations. 

SEC.  19.  The  Interventors  shall  be  paid  weekly  the  salaries  that  are 
allowed  them,  on  account  of  supplies  ;  and  when  these  shall  have  been 
repaid,  their  services  shall  be  rewarded  in  proportion  to  the  benefit  which 
the  bankers  receive  from  them,  and  to  the  time  and  labor  which  they 
devoted  to  the  cause,  and  their  good  conduct ;  but  if,  on  the  contrary, 
any  fraud,  concealment,  or  other  improper  practice  shall  appear  on  their 
part,  whether  to  the  prejudice  of  the  bank,  or  to  the  mine  owner,  they 
shall  be  severely  punished  in  proportion  to  their  offenses,  by  the  proper 
Judge,  according  to  the  provisions  of  chapter  three  of  these  Ordinances. 

SEC.  20.  In  case  of  any  competition  arising  between  any  individual 
and  the  said  bank  as  to  the  supplying  of  a  mine,  I  declare  that  the  indi- 
vidual contractor  shall  have  the  preference ;  provided,  that  the  proposed 
terms  of  supplying  the  mine  are  the  same  in  both  cases  ;  and  in  order 
that  the  said  bank  may  not  throw  any  impediments  in  the  way  of  a  free 
supply  of  the  mines,  I  declare  also  that  this  kind  of  business  shall  con- 
tinue to  subsist  as  before,  the  bank  having  no  other  object  but  to  remedy 
the  scarcity  of  supplies,  and  to  promote  as  much  as  possible  the  flourish- 
ing condition  of  the  mines. 


CHAPTER    XVII. 

SURVEYORS   FOR   THE  OPERATIONS  OF   MINES  AND    REDUCTION   OF   METALS. 

SECTION  1.  In  order  that  the  mines  may  be  worked  with  stability  and 
good  effect,  and  that  the  full  attainment  of  riches  they  contain  may  be 
accomplished,  it  is  desirable  that  their  operations  should  be  directed 
by  persons  well  acquainted  with  the  principles  and  rules  of  the  natural 
and  practical  sciences  and  arts  connected  therewith,  and  who  understand 


148  MINING  LAWS   OF  MEXICO. 

the  means  of  applying  such  knowledge,  in  consequence  of  their  own  expe- 
rience ;  for  which  purpose,  and  in  order  that  mine  owners  may  not  be 
misled  in  the  appointment  of  persons  whom  they  shall  take  into  their 
employment,  accounting  perhaps,  some  persons  to  be  well  informed  who 
may  only  possess  a  superficial  knowledge,  or  choosing  others,  who  may 
be  no  otherwise  qualified,  than  by  having  resided  a  certain  time  in  the 
mining  districts,  without  possessing  either  judgment  or  science,  and  with- 
out any  claim  but  the  recommendation  of  their  friends ;  and  observing 
how  much  difficulty  there  is  in  correcting  such  errors,  be  they  voluntary 
or  involuntary,  all  which  leads  the  mine  owner  into  placing  a  blind  and 
dangerous  confidence  upon  important  points  in  persons  unworthy  of 
such  confidence,  and  has  occasioned  them  very  serious  losses,  in  order  to 
guard  against  these  evils,  and  that  the  Surveyors  may  be  worthy  of  pub- 
lic confidence  in  all  things  connected  with  their  art,  I  ordain  and  com- 
mand that  in  every  mining  district  there  shall  be  one  or  more  intelligent 
persons,  who  are  well  instructed  and  particularly  acquainted  with  geogra- 
phy, subterraneous  architectures,  and  hydraulics,  and  also  with  mechanics, 
and  the  arts  of  carpenters,  smiths,  and  masons,  as  far  as  such  arts  are 
necessary  in  the  operations  of  mines,  which  persons  are  to  be  called 
Mining  Professors.  And  also  other  persons,  well  skilled  in  the  science 
of  minerals,  commonly  called  mineralogy,  and  in  the  modes  of  extracting 
metals  from  ore  and  reducing  them  to  a  state  fit  for  use,  commonly  called 
metallurgy,  which  persons  are  to  be  called  Surveyors  of  Reduction  ;  and 
these  latter,  as  well  as  the  former,  are  to  be  examined,  approved,  and  ap- 
pointed by  the  Royal  Tribunal  General  of  Miners,  and  without  such 
qualification  they  shall  not  be  entitled  to  any  credit  in  causes  which 
may  arise,  or  otherwise,  but  shall  be  considered  as  intruders,  and  shall 
be  excluded  and  fined  whenever  they  shall  interfere  with  anything  which 
relates  to  the  Surveyorship  of  Mines,  although  they  may  offer  themselves 
as  Bachelors  of  Arts,  Land  Surveyors,  Architects,  or  Masters  of  Works, 
or  as  having  been  Administrators  of  Mines,  or  as  having  been  in  any 
way  employed  in  the  same. 

SEC.  2.  The  said  Mining  Professors  shall  have  in  their  possession  the 
necessary  and  proper  instruments  for  measuring  mines,  whether  subter- 
raneously  or  on  the  surface,  which  instruments  must  always  be  true  and 
correct,  and  made  according  to  rule,  so  that  there  may  be  no  failure  or 
irregularity  in  the  performance  of  such  operations ;  for  which  purpose 
they  shall  be  inspected  and  examined  at  the  time  when  the  said  persons 
are  appointed,  and  afterwards  on  the  occasional  visits  of  the  Deputies. 

SEC.  3.  The  Surveyors  of  Reduction  shall  have  a  suitable  public  labo- 
ratory, provided  with  furnaces  and  machines  for  grinding  and  washing 


MINING  LAWS   OF  MEXICO.  149 

the  metals,  as  also  with  the  proper  ingredients,  utensils,  and  correct  bal- 
ances and  weights,  and  everything  that  may  be  necessary  for  making 
assays  on  a  small  scale,  and  also  for  reducing  by  smelting  one,  two,  or 
three  quintals  of  ore. 

SEC.  4.  The  Mining  Professors  are  to  examine  at  the  proper  time  and 
to  give  certificates  of  examination  to  all  persons  desirous  of  being  em- 
ployed as  miners,  or  mining  captains,  to  direct  the  underground  opera- 
tions, and  to  persons  employed  in  the  lining  of  mines,  and  in  the  brick 
work,  and  to  the  carpenters  and  smiths.  And  I  prohibit  all  persons  from 
exercising  such  offices,  or  from  employing  themselves  in  the  quality  of 
masters  in  any  place  where  such  business  shall  be  going  on  without  hav- 
ing the  above  certificates  of  examination,  under  the  penalty  of  three 
months'  imprisonment  for  the  first  offense,  and  of  being  banished  from 
such  place  for  the  second,  which  punishments  are  to  be  imposed  by  the 
respective  Territorial  Deputies. 

SEC.  5.  The  Surveyors  of  Reduction  of  each  mining  district  shall 
examine  and  give  a  certificate  of  approbation  to  all  persons  offering 
themselves  as  amalgamators,  smelters,  and  refiners,  without  which  certifi- 
cate no  one  shall  be  capable  of  being  employed  in  any  of  these  capaci- 
ties at  any  work,  or  Reducing  Establishment,  under  the  penalties  con- 
tained in  the  preceding  section ;  and  I  ordain,  that  all  these  examina- 
tions, and  all  others  treated  of  in  the  present  chapter,  shall  take  place 
without  any  fees  being  received  thereupon,  and  altogether  gratis. 

SEC.  6.  If  any  person  shall  pass  from  one  mining  district  to  another, 
after  having  been  examined  and  approved  of  by  the  proper  authorities 
in  that  which  he  has  left,  there  shall  be  no  necessity  for  a  further  exam- 
ination ;  but  he  shall  produce  his  certificate,  signed  by  the  proper  Pro- 
fessor, and  attested  by  the  Clerk,  or  in  default  thereof,  by  the  Deputies 
of  the  district  and  two  witnesses. 

SEC.  7.  The  said  Mining  Professors  and  Surveyors  of  Reduction  shall, 
at  the  time  of  their  appointment,  take  a  solemn  oath  before  the  Royal 
Tribunal,  in  due  form,  but  gratis,  that  they  will  at  all  times  and  in  all 
cases  discharge  their  offices  well  and  faithfully,  to  the  best  of  their  knowl- 
edge, without  fraud,  deceit,  or  any  bad  intention  whatsoever ;  after  which 
they  shall  not  be  required  upon  every  occasion  which  may  arise,  judi- 
cially or  extra-judicially,  to  repeat  the  same,  since  when  the  oath  has 
been  once  administered,  as  above,  they  are  ever  afterwards  to  remain 
bound  by  it. 

SEC.  8.  The  most  perfect  credit  is  to  be  given  to  the  said  Mining  Pro- 
fessors and  Surveyors  of  Reduction  in  all  matters  connected  with  their 
office,  but  they  may  be  objected  to  in  case  they  have  been  appointed  by 


150  MINING  LAWS   OF  MEXICO. 

the  Judges ;  and  when  one  has  been  appointed  by  one  party  in  a  suit, 
the  other  party  may  appoint  another,  and  the  Judge  elect  a  third  in  case 
of  their  disagreeing,  although  they  need  not  belong  to  the  same  district. 
But  these  objections  and  appointments  of  new  Professors  shall  not  take 
place  where  there  is  reason  to  suspect  that  they  originate  in  fraud  or 
malice,  or  a  wish  to  delay  the  determination  of  the  case. 

SEC.  9.  The  Mining  Professors  and  Surveyors  of  Reduction  shall  be 
present  at  all  the  visits  of  the  Deputies  to  the  mines  and  establishments, 
and  shall  observe  and  comply  with  everything  that  is  laid  down  in  these 
Ordinances,  and  shall  give  their  assistance  in  all  cases  properly  belonging 
to  their  business,  in  which  it  may  be  required  by  the  Judges  and  Depu- 
ties ;  taking  on  account  thereof,  such  fees  as  shall  be  settled  by  a  proper 
table  of  fees,  which  fees  shall  be  proposed  by  the  Territorial  Deputation 
to  the  Royal  Tribunal  General,  and  when  that  body  shall  have  gained 
information  upon  the  subject,  and  consulted  with  the  Viceroy,  thereupon 
the  said  Viceroy  shall  by  means  of  such  information  resolve  and  determ- 
ine what  fees  are  to  be  received,  and  without  this  previous  authority  the 
taking  of  fees  shall  not  be  carried  into  effect. 

SEC.  10.  In  the  interval  that  must  elapse  before  the  College  for  the 
education  and  instruction  of  young  persons  intended  for  the  business  of 
metallurgy,  mineralogy,  and  other  sciences  necessary  in  the  operations  of 
mining  (the  establishment  of  which  College  will  be  treated  of  in  the 
next  chapter),  shall  supply  a  number  of  persons,  properly  qualified 
according  to  the  provisions  of  the  preceding  section,  to  fulfill  the  objects 
of  these  Ordinances,  I  command  that  all  persons  at  present  employed  in 
the  operations  of  measuring  mines,  projecting  shafts  and  pits,  and  other 
important  works  connected  with  the  operations  of  mines,  whether  ap- 
pointed from  having  the  name  of  land  surveyors  and  measurers  of  mines, 
or  from  having  been  highly  esteemed  in  the  mining  districts  for  their 
practical  knowledge,  shall  present  themselves  before  the  Royal  Tribunal 
General,  in  order  to  be  examined  and  to  obtain  the  certificate  of  exam- 
ination, without  any  fees  being  required  (as  is  provided  by  section  five  of 
this  chapter),  and  to  exhibit  the  instruments  which  they  use  in  order 
that  they  may  be  examined  and  approved  of,  and  in  default  thereof  they 
shall  not  be  entitled  to  any  credit,  either  in  causes  which  may  arise  or 
otherwise  ;  and  if  in  any  works  directed  by  them  any  mischief  shall  hap- 
pen, the  mine  owner  or  Administrator  who  has  employed  them  shall  not 
be  excused  from  the  responsibilities  and  penalties  imposed  by  these  Ordi- 
nances, and  by  the  laws  in  general,  upon  all  persons  acting  without 
authority  of  surveyors  in  cases  where  surveyors  are  required. 

SEC.  11.  All  persons  to  be  appointed  Mining  Professors,  or  Surveyors 


MINING   LAWS    OF   MEXICO.  151 

of  Reduction,  must  be  either  Spaniards,  Mestizos  derived  from  them,  or 
noble  Indians  of  known  birth,  parentage,  and  education,  and  of  good 
life  and  manners,  under  which  circumstances  these  employments  are 
always  to  be  accounted  honorable  and  meritorious,  and  persons  who  have 
served  in  them  with  fidelity  shall  enjoy  all  the  privileges  of  miners,  and 
shall  be  eligible  to  higher  occupations,  either  in  the  mines  or  otherwise, 
having  their  seat  in  the  public  sittings  next  to  the  Judge  and  Deputies 
of  the  District  in  the  order  of  the  seigniority  of  their  appointments,  and 
without  any  distinction  being  made  between  the  Mining  Professors  and 
Surveyors  of  Reduction,  who  are  to  be  treated  with  like  and  equal 
honors  and  distinction. 


CHAPTER    XVIII. 

EDUCATION   AND    INSTRUCTION    OP    YOUNG    PERSONS    INTENDED    FOR    THE 
MINING   BUSINESS. 

SECTION  1.  To  the  end  that  there  may  never  be  wanting  a  supply  of 
persons  of  good  education,  and  instructed  in  all  the  learning  necessary 
for  carrying  on  the  operations  of  the  mines,  and  that  what  has  been 
hitherto  acquired  by  long  and  painful  experience  in  the  course  of  many 
centuries,  being  the  result  as  well  of  the  progress  of  the  different  mining 
countries  as  of  the  individual  skill  and  industry  of  the  American  miners, 
may  be  preserved  in  a  more  certain  and  effectual  manner  than  by  mere 
tradition,  which  is  usually  scarce  and  fallacious,  I  will  and  ordain  that 
the  College  and  Schools  of  Miners  which  have  been  proposed  to  me  for 
these  purposes  by  the  Deputies  General  of  the  said  important  body  of 
miners  shall  be  erected  and  established,  or  if  already  established,  that 
they  shall  be  maintained  and  supported  in  the  form  and  manner  contained 
in  the  following  sections  : 

SEC.  2.  There,  shall  be  for  the  present  maintained,  and  provided  with 
board  and  clothing  in  a  suitable  manner,  twenty-five  children,  either 
Spaniards  or  noble  Indians  of  legitimate  birth,  the  near  relations  or 
descendants  of  miners,  having  always  a  preference  in  such  appointments, 
and  particularly  those  whose  ancestors  have  resided  in  the  mining 
districts. 

SEC.  3.  I  grant  besides  free  entrance  into  the  schools,  and  gratuitous 
instruction  therein,  to  all  children  whose  fathers  or  tutors  may  wish  to 
bring  them  up  to  the  mining  business,  such  children  being  sent  every  day 
from  their  homes  to  attend  their  lessons  ;  and  I  further  command  that 


152  MINING   LAWS    OF   MEXICO. 

all  children  of  the  above  mentioned  quality  and  birth  shall  be  admitted 
to  live  in  the  College  as  pupils  upon  paying  the  expenses  of  their  main- 
tenance while  they  are  in  the  College. 

SEC.  4.  The  necessary  secular  professors  are  to  be  appointed  at  the 
said  College,  with  proper  salaries,  for  the  purpose  of  teaching  the  math- 
ematics and  experimental  physics,  which  are  conducive  to  the  carrying 
on  and  advancement  of  mining  operations. 

SEC.  5.  There  shall  also  be  appointed  masters  in  such  parts  of  mechan- 
ics as  are  necessary  for  the  preparing  and  working  of  timbers,  metals, 
stones,  and  other  materials  used  in  the  construction  of  buildings, 
machines,  and  instruments  for  carrying  on  the  operations  of  the  mines 
and  the  reduction  of  the  metals,  and  there  shall  also  be  a  master  of  the 
arts  of  drawing  and  designing. 

SEC.  6.  The  said  College  is  to  bear  the  title  of  "  The  Eoyal  Seminary 
of  Miners,"  and  two  secular  Priests  of  mature  age  are  to  reside  in  it, 
one  as  Chaplain-Kector  and  the  other  as  Vice-Rector,  who  are  to  super- 
intend the  religious  and  political  education  of  the  children,  to  see  that 
they  devote  a  due  proportion  of  their  time  to  these  purposes,  and  to  say 
Mass  to  them  every  day  in  the  year. 

SEC.  7.  The  immediate  control  and  direction  of  the  said  Royal  Semi- 
nary shall  be  intrusted  to  the  Director  General  of  the  Miners,  to  whom 
I  grant  the  privilege  of  proposing  to  the  Royal  Tribunal  the  proper  per- 
sons to  be  appointed  to  the  professorships,  and  to  other  employments ; 
and  also  the  nomination  of  the  children  who  are  to  be  admitted  as  col- 
legians or  pensioners,  supposing  them  to  possess  the  necessary  qualifica- 
tions ;  and  he  shall  also,  after  hearing  the  opinions  of  the  respective 
masters  of  the  College,  propose  the  arts  and  sciences  proper  to  be  taught 
therein,  and  the  method  to  be  pursued  in  teaching  them,  so  that  the 
Royal  Tribunal  may  b3  able  to  determine  upon  what  is  most  proper ; 
and  it  shall  also  be  intrusted  to  the  said  Director  to  observe  and  take 
care  that  all  persons  employed  in  the  College  fulfill  the  duties  of  their 
situation,  and  to  form  particular  rules  for  government  in  the  details  of 
the  said  College,  which  he  shall  also  lay  before  the  Royal  Tribunal,  by 
them  to  be  submitted  to  the  Viceroy  who,  after  obtaining  the  necessary 
information  on  the  subject,  shall  lay  them  before  me  for  my  Royal 
approbation,  having  obtained  which  the  said  regulations  shall  be  observed 
and  carried  into  effect  with  exactness  and  punctuality. 

SEC.  8.  The  expenses  of  erecting,  preserving,  and  supporting  the  said 
Royal  Seminary  shall  be  defrayed  out  of  the  general  fund  of  Miners, 
according  to  the  provisions  of  section  three  of  chapter  sixteen  of  these 
Ordinances, 


MINING   LAWS   OF   MEXICO.  153 

4> 

SEC.  9.  The  said  Seminary  shall  be  under  my  Royal  protection,  and 
immediately  subject  to  and  dependent  upon  the  Royal  Tribunal  General 
of  Miners  in  all  its  concerns  and  appurtenances. 

SEC.  10.  For  the  election  and  appointment  of  master  professors  of  the 
sciences  which  are  to  be  taught  in  the  schools  of  the  College,  there  shall 
be  issued,  at  a  certain  fixed  time  and  place,  letters  of  convocation,  and  to 
those  who  present  themselves  for  the  appointments  certain  problems  in 
the  respective  sciences  shall  be  delivered  by  lot,  which  they  are  to  return 
with  their  solutions  within  three  days,  on  condition,  however,  that  before 
the  delivery  of  problems  to  such  persons  the  Director  shall  have  pre- 
sented to  the  Royal  Tribunal  the  solutions  of  each  of  them  separately 
folded  and  sealed  up,  which  are  not  to  be  opened  till  each  candidate  shall 
have  delivered  in  his  solution,  when  a  due  comparison  shall  be  made 
between  the  sealed  solutions  and  the  solutions  of  the  candidates  respect- 
ively, and  on  the  day  when  all  this  takes  place  the  candidate  shall  hold  a 
public  sitting  of  two  hours,  lecturing  upon  such  points  as  the  Director 
shall  propose  to  him  at  the  moment,  in  the  presence  of  the  Royal  Tri- 
bunal and  its  Secretary,  who  shall  attest  all  that  has  been  done  upon 
this  occasion  and  enter  it  in  his  register. 

SEC.  11.  After  the  conclusion  of  said  public  act,  the  Director  shall 
propose  three  of  the  candidates  for  each  professorship,  one  of  whom  shall 
be  elected  by  the  Royal  Tribunal  by  secret  ballot,  and  in  case  of  a  diffi- 
culty arising  by  there  being  an  equal  number  of  votes  (for  any  two  or 
three  of  them),  he  who  was  first  proposed  shall  have  the  election. 

SEC.  12.  The  said  Master  Professors  of  the  College,  besides  lecturing 
every  day  theoretically  and  practically,  shall  be  each  of  them  obliged  to 
deliver,  once  in  every  six  months,  a  treatise  or  dissertation  upon  some 
useful  subject  connected  with  the  mining  business  and  the  sciences 
relating  thereto,  which  dissertations  shall  be  read  to  the  Royal  Tribunal, 
and  preserved  in  their  archives  in  order  to  be  printed  and  published  at  a 
convenient  opportunity. 

SEC.  13.  The  Collegians  and  Students  of  the  Seminary  shall  every  year 
hold  public  exercises  in  the  presence  of  the  Royal  Tribunal,  in  order 
that,  having  shown  the  progress  they  have  respectively  made,  they  may 
be  rewarded  and  distinguished  according  to  their  merit. 

SEC.  14.  The  above-mentioned  young  persons,  when  they  have  con- 
cluded their  studies,  shall  go  for  three  years  to  assist  in  the  mining  dis- 
tricts, and  to  practice  the  several  operations  under  the  Mining  Professor, 
or  the  Surveyors  of  Reduction  of  that  district  to  which  they  are  attached, 
in  order  that,  having  received  a  certificate  signed  by  such  Professors  or 
Surveyors,  and  by  the  Territorial  Deputies,  they  may  be  examined  beforo 

8» 


151  MINING   LAWS   OF   MEXICO. 

the  Koyal  Tribunal,  as  well  in  theoretical  as  in  practical  knowledge,  and 
on  being  approved  of  by  the  same,  shall  receive  their  diploma  without 
paying  any  fees  whatever  ;  and  they  may  be  then  appointed  Mining  Pro- 
fessors, or  Surveyors  of  Eeduction  of  the  mining  districts,  or  Interventor, 
where  the  supplies  are  furnished  by  the  bank,  or  to  any  other  suitable 
situation. 

SEC.  15.  In  order  more  effectually  to  advance  the  cause  of  instruction 
and  improvement  in  the  several  important  objects  of  the  said  College, 
and  in  the  manner  .most  useful  to  the  mines,  I  ordain  and  command  that 
the  mine  owners  and  mine  suppliers  who  bring  their  silver  to  Mexico, 
shall  be  obliged  to  deliver  to  the  said  College  specimens  of  their  ores,  in 
sufficient  quantities  to  admit  of  their  quality  and  properties  being  exam- 
ined, and  of  the  most  advantageous  method  of  reduction  thereof  being 
ascertained,  in  order  that,  the  Royal  Tribunal,  judging  by  the  result  of 
these  experiments,  may  determine  what  will  be  most  conducive  to  the 
improvements  which  are  the  object  of  the  present  arrangements. 

SEC.  16.  Considering  that  industry  and  ingenuity  will  make  the  most 
common  productions  of  nature  useful  to  man,  and  that,  on  the  other 
hand,  without  them  the  great  advantages  and  profits  expected  from  pro- 
ductions naturally  rich  and  abundant  are  often  altogether  defeated  :  I 
ordain  and  command  that  industry  and  ingenuity  in  the  mining  business, 
which  is  of  such  vast  importance  therein,  be  excited,  encouraged,  and 
supported  with  all  possible  activity,  intelligence,  and  discretion  ;  and 
that  particular  care  and  attention  be  bestowed  in  observing  the  use  and 
effects  of  the  machinery,  and  the  operations  and  methods  at  present 
employed  in  the  application  of  it,  in  order  that,  whatsoever  is  really  use- 
ful and  complete  in  its  kind  may  be  preserved  in  full  perfection,  without 
being  gradually  lost  or  depreciated,  as  often  happens  in  such  cases  ;  and 
that  whatsoever,  by  comparison  with  better  or  more  complete  methods, 
shall  appear  capable  of  reform,  may  be  brought  into  practice  with  the 
greatest  degree  of  perfection  and  efficacy,  without  either  suffering  ancient 
prejudices  founded  on  ignorance  and  caprice,  to  obstruct  the  progress  of 
ingenuity,  or  ill-founded  innovations,  to  disturb  what  is  good  and  perfect 
in  its  present  state. 

SEC.  17.  All  persons  who  shall  invent  or  propose  any  kind  of  machines, 
engines,  expedients,  operations,  or  methods  for  facilitating  the  working 
of  the  mines,  which  shall  produce  any  advantage,  however  small  the  same 
may  at  first  appear,  shall  have  a  fair  hearing  and  attention  ;  and  if,  on 
account  of  their  poverty,  they  are  unable  to  make  the  experiments  requi- 
site for  exhibiting  their  invention,  the  expense  thereof,  as  well  as  the 
construction  of  the  necessary  machines,  shall  be  defrayed  out  of  the  gen- 


MINING   LAWS    OF   MEXICO.  155 

eral  fund  of  the  miners  ;  provided,  that  they  shall  demonstrate  and  cal- 
culate the  effects  of  such  projects  ;  and  that,  the  Director  General  of 
Miners  and  the  Professor  of  the  College  shall  approve  the  same  and  con- 
sider them  capable  of  being  carried  into  effect ;  but  ill-founded  projects, 
arising  out  of  erroneous  principles,  or  want  of  practical  knowledge,  and 
from  which  the  deluded  authors  are  easily  led  to  expect  vast  and  imagin- 
ary profits,  shall  be  rejected  as  useless  and  contemptible ;  and  if  the 
authors  of  such  products  shall  renew  their  applications,  they  shall  receive 
no  attention,  unless  they  make  the  experiments  at  their  own  expense,  and 
establish  themselves  the  utility  of  their  inventions,  and  in  all  cases,  the 
papers  relating  to  such  inventions  shall  remain  in  the  archives  of  the  Royal 
Tribunal  in  order  to  be  referred  to  if  necessary. 

SEC.  18.  All  useful  and  improved  inventions  which,  after  being  estab- 
lished and  put  into  practice  generally  for  the  space  of  more  than  one 
year,  shall  be  found  to  succeed,  are  to  be  rewarded  with  a  patent  to  con- 
tinue for  the  life  of  the  author,  in  order  that  no  one  may  make  use  of  his 
invention,  without  his  consent,  and  without  allowing  him  a  reasonable 
share  of  the  profits,  actually  derived  from  the  use  of  such  invention. 

SEC.  19.  Whoever,  from  his  experience,  study,  and  observation,  or 
from  having  traveled  in  other  countries,  shall  offer  for  adoption  any 
machine,  expedient,  or  mode  employed  in  other  countries  or  in  former 
times,  and  the  same  on  examination  and  experience  be  approved  of  in 
the  manner  laid  down  by  section  seventeen  of  this  chapter,  he  shall  be 
considered  and  rewarded  in  the  same  manner  as  if  he  had  been  the  actual 
inventor  ;  since,  although  his  ingenuity  may  be  less,  his  merit  and  trouble 
may  have  been  greater,  and  the  public  advantage  will  be  exactly  the 
same,  whether  such  mode  result  from  an  invention  absolutely  new,  or 
from  the  introduction  and  application  of  a  practice  never  before  adopted 
in  the  place  where  it  may  be  proposed. 


CHAPTER     XIX. 

PRIVILEGES    OF    THE   MINES. 

SECTION  1.  Although  the  regulations  laid  down  in  these  Ordinances 
for  the  discipline,  economy,  and  method  of  working,  which  are  to  be 
adopted  in  the  mines  of  New  Spain,  are  calculated  to  diminish  consider- 
ably the  dangers  and  difficulties  which  have  hitherto  occurred  in  carrying 
on  this  most  important  business,  rendering  by  their  powerful  cooperation 


156  MINING   LAWS   OF  MEXICO. 

the  richest  of  the  mines  more  accessible,  and  the  lawful  modes  of  acquir- 
ing them  less  hazardous ;  nevertheless,  considering  the  difficulties  and 
uncertainties  which  usually  attend  operations  of  this  kind,  and  that  their 
precious  produce  is  the  especial  grant  and  favor  of  Providence  to  my 
dominions  in  Spanish  America,  and  is  the  chief  source  of  the  prosperity 
of  my  subjects,  the  support  of  my  treasury,  and  the  spring  and  moving 
power  of  the  commerce  of  all  my  dominions,  and  to  a  great  degree  of 
that  of  the  whole  world — I  have  therefore  granted  and  do  grant  to  those 
persons  who  apply  themselves  to  the  working  of  the  mines  of  New 
Spain  all  the  favors  and  privileges  which  have  been  granted  to  the 
miners  of  Castile  and  Peru,  in  all  respects  in  which  they  are  capable  of 
being  adapted  to  the  local  circumstances  of  Spanish  America,  and  are 
not  at  variance  with  anything  established  by  these  Ordinances. 

SEC.  2.  Moreover,  I  award  to  the  scientific  profession  of  mining  the 
privilege  of  nobility,  to  the  end  that  all  persons  who  devote  themselves 
to  that  important  study  and  occupation  may  be  esteemed  and  treated 
with  all  the  distinctions  which  are  due  to  so  honorable  an  employment. 

SEC.  3.  Mine  owners  shall  not  be  liable  to  be  arrested  for  debts,  neither 
shall  the  administrators,  superintendents,  keepers  of  tallies,  nor  other  per- 
sons serving  in  the  mines  or  establishments  be  so  liable,  provided  that 
each  of  these  persons  in  every  such  case  remain  in  confinement  within 
the  mine  or  establishment  to  which  he  belongs,  with  an  obligation  upon 
his  master  to  apply  the  third  part  of  his  salary  or  dues  to  the  payment 
of  his  debts,  as  long  as  he  remains  in  the  service  of  such  mine  or  estab- 
lishment, and  if  he  quits  the  same,  without  engaging  himself  in  any  other 
mine  or  establishment,  then  he  may  be  imprisoned. 

SEC.  4.  If  a  sequestration  be  laid  on  the  mines  or  establishments  of 
any  proprietor,  in  the  interval  during  which  the  silver  extracted  there- 
from is  being  applied  in  the  satisfaction  of  the  debt,  he  shall  only  receive 
out  of  the  produce  what  is  absolutely  requisite  for  his  support,  accord- 
ing to  the  circumstances  of  his  family  and  condition  ;  but  always  with  a 
view  to  this  circumstance,  that  the  situation  of  the  creditor  be  not  prej- 
udiced, instead  of  amended,  by  the  sequestration. 

SEC.  5.  If  an  execution  be  levied  on  the  other  property  of  a  mine  own- 
er, there  shall  always  be  reserved  to  him  a  horse,  with  bridle  and  saddle,  a 
baggage  mule,  his  arms,  bed,  and  the  clothes  commonly  used  by  himself, 
his  wife  and  children,  and  absolutely  necessary  to  their  decent  appear- 
ance ;  but  all  costly  dresses,  ornaments,  jewels,  or  trinkets,  may  be  seized 
under  the  execution. 

SEC.  6.  The  Royal  Tribunal  of  Miners  shall  inform  me,  through  the 
Viceroy,  of  all  deserving  persons  belonging  to  the  mining  profession, 


MINING   LAWS   OF   MEXICO.  157 

especially  such  as  may  have  quitted  it  on  account  of  it  having  consumed 
their  capital  therein,  or  being  too  old  and  infirm  to  pursue  it ;  pointing 
out  also  such  of  them  as  the  Tribunal  may  consider  to  be  the  most  de- 
serving of  my  Royal  favor,  in  order  to  their  being  appointed  to  the 
offices  of  Judges  in  the  mining  districts  or  establishments,  if  that  should 
appear  expedient ;  as  well  for  the  purpose  of  rewarding  them  according 
to  their  merits,  as  of  filling  the  said  office  with  practical  and  intelligent 
persons,  such  as  the  law  requires. 

SEC.  7.  The  children  and  descendants  of  mine  owners  and  mine  suppli- 
ers who  have  been  extensively  concerned  in  the  mines,  deserve  also  par- 
ticular consideration ;  and  for  that  purpose,  the  Royal  Tribunal  shall 
also  inform  me,  through  the  Viceroy,  of  the  merits  of  their  ancestors,  in 
order  that  my  Eoyal  favor  may  appoint  them  to  civil,  military,  and  eccle- 
siastical appointments  in  America,  if  I  shall  think  proper  to  do  so. 

SEC.  8.  I  declare  that  mine  owners  and  administrators  shall  not  be 
prevented,  or  in  any  way  impeded  by  their  said  employments,  from  ob- 
taining and  serving  the  offices  of  magistrates  and  governors  of  the  cities, 
towns,  and  places  of  the  mining  districts,  or  of  any  others ;  but  they  are 
not  compelled  to  accept  such  offices,  nor  to  be  fined  for  declining  the 
same,  during  the  time  of  their  employment  in  the  mines,  if  they  desire  to 
excuse  themselves  on  that  account. 

SEC.  9.  In  the  allotment  of  ground  for  the  purpose  of  building  houses, 
in  renting  such  as  may  be  already  built,  and  in  providing  themselves  in 
the  squares  and  market-places  of  the  mining  villages,  towns,  and  districts, 
not  only  with  the  articles  necessary  for  the  mines  and  establishments,  but 
also  with  the  supplies  and  provisions  which  may  be  wanted  for  their 
homes  and  families,  the  miners  are  to  be  preferred  to  other  persons,  and 
to  be  treated  with  that  respect  which  is  due  to  their  important  profes- 
sion. And  I  grant  them  the  liberty  of  hunting  and  fishing  in  the  moun- 
tains, forests,  and  rivers,  of  cutting  wood  and  making  charcoal,  and  of 
pasturing  their  cattle  in  the  grazing  places  and  watering  places,  in  the 
same  manner  as  any  other  inhabitant  is  permitted  to  do,  supposing  such 
mountains,  forests,  rivers,  grazing  places,  and  watering  places,  to  be  pub- 
lic property — for  in  all  such  as  are  private  property,  they  must  pay  the 
proper  dues  as  before  enacted.  And,  finally,  they  are  to  enjoy  all  the 
customs  and  privileges  enjoyed  by  the  inhabitants  of  any  mine  town, 
although  they  (the  miners)  may  not  reside  therein  ;  provided,  only,  that 
in  order  to  entitle  them  to  these  privileges,  their  mines  or  reducing  estab- 
lishments be  situated  in  the  same  district  as  such  mine  town. 

SEC.  10.  The  excessive  profusion  of  miners  in  the  employment  of  their 
capital,  and  their  extreme  imprudence  and  irregularity,  whereby  them- 


158  MINING   LAWS   OF  MEXICO. 

selves  and  their  families  are  speedily  reduced  to  distress,  and  their  cap- 
ital is  diverted  from  the  operations  of  mining  into  other  channels,  being 
as  notorious  as  they  are  destructive — I  will  and  ordain,  that  the  Judges 
and  Deputies  of  the  mine  towns  and  districts  shall  advise  thereupon, 
and  in  cases  of  necessity  expostulate  with  the  miners,  particularly  with 
those  who  are  in  prosperous  circumstances,  cautioning  them  against  ex- 
travagant expenses  or  idle  profusion  ;  and  if  this  should  be  found  insuffi- 
cient, then  that  they  shall  make  a  report  to  the  Royal  Tribunal  General 
of  Miners,  in  order  that  the  latter,  after  satisfying  themselves  of  the  rep- 
rehensible conduct  of  the  miner  concerning  whom  such  report  is  made, 
may  appoint  a  person  to  watch  over  his  interests,  or  in  some  other  man- 
ner provide  for  the  preservation  of  his  property,  as  in  the  case  of  an 
incorrigible  spendthrift. 

SEC.  11.  In  order  to  avoid  the  evil  and  injury,  spiritual  as  well  as 
temporal,  occasioned  by  games  of  stake  and  hazard,  and  even  by  those 
which  are  permitted,  when  carried  to  excess,  and  also  by  other  public 
diversions  and  festivities — I  prohibit  most  rigorously,  in  all  mine  towns 
and  districts,  among  masters,  as  well  as  workmen,  all  those  games  of 
cards  which  have  been  before  prohibited  by  Royal  edicts  and  decrees, 
and  also  all  playing  at  those  games  which  are  permitted  for  a  larger  stake 
than  is  compatible  with  fair  and  moderate  relaxation  and  amusement. 
And  with  equal  rigor,  I  prohibit  all  playing  at  dice  or  tabas,  and  also 
cock-fighting,  and  all  other  shameful  diversions,  since  they  not  only  occa- 
sion the  loss  of  time  which  might  otherwise  be  devoted  to  labor,  but  lead 
to  vast  loss  of  property,  and  sometimes  even  to  outrages  and  murders. 
Wherefore,  I  strictly  enjoin  the  Judges  and  Deputies  of  all  mine  towns 
and  districts  to  enforce,  with  the  utmost  vigilance,  the  provisions  of  this 
present  section,  on  pain  of  being  themselves  wholly  responsible  for  the 
neglect  of  the  same,  and  of  being  liable  to  the  penalties  imposed  by  the 
said  Royal  edicts  and  decrees  against  all  transgressors. 

SEC.  12.  The  Royal  Tribunal  General  of  Miners  shall  observe  and 
carry  into  effect  whatsoever  is  contained  in  the  present  Ordinances,  and 
shall  cause  them  to  be  observed  and  fulfilled  by  all  the  subalterns,  de- 
pendents, and  inferior  persons  of  all  their  body,  each  in  his  particular 
department,  without  any  injurious  evasions  which  might  alter  and  cor- 
rupt their  true  spirit  and  intent,  maintaining  them  always  in  their  full 
vigor,  and  causing  others  to  do  the  like.  And  the  Territorial  Deputa- 
tions of  Miners  shall  also  observe  and  carry  into  effect  whatsoever  re- 
lates to  them  in  these  Ordinances,  and  shall  cause  them  to  be  observed 
and  executed  with  the  utmost  punctuality  and  correctness ;  and  they  shall 
not,  any  more  than  the  Royal  Tribunal  General,  act  or  permit  others  to 


MINING   LAWS   OF   MEXICO.  159 

act  in  contravention  of  their  real  tenor  and  meaning,  in  any  manner 
whatsoever ;  and  I  only  allow,  in  case  of  any  point  arising  which  is  not 
comprehended  herein,  or  provided  for  in  the  Royal  orders  which  I  have 
issued  upon  this  subject,  that  both  the  one  and  the  other  (the  Royal 
Tribunal  General  and  the  Deputations)  should  regulate  themselves,  in 
the  decisions  thereof,  according  to  the  form  and  practice  of  the  Consul- 
ates of  Commerce  of  my  European  and  Spanish  dominions,  as  far  as  the 
same  shall  be  practicable  in  such  cases  ;  but  all  doubts  which  may  at  any 
time  arise  as  to  the  true  meaning  of  any  one  or  more  of  the  sections  of 
these  Ordinances,  shall  be  proposed  by  the  Royal  Tribunal  General  to 
the  Viceroy,  in  order  that  he,  after  obtaining  the  necessary  information 
thereupon,  may  transmit  them  to  me  for  my  Royal  determination. 

SEC.  13.  Finally,  I  order  and  command  the  Governor  and  persons 
composing  my  Supreme  Council  and  Chamber  of  the  Indies,  the  Royal 
Audiences  and  Tribunals  of  New  Spain,  the  Viceroy  thereof,  the  Cap- 
tains and  Commandants  General,  the  Governors,  Intendentes,  Ministers, 
Judges,  and  all  other  persons  whatsoever,  whom  these  enactments  may  in 
any  degree  concern,  to  conform  themselves  precisely  to  these  Ordinances, 
observing  and  fulfilling  them,  each  in  his  respective  department,  with  the 
most  rigid  exactness  ;  regarding  their  contents  as  positive  and  perpetual 
laws  and  statutes,  and  maintaining  them  and  causing  them  to  be  main- 
tained inviolably,  notwithstanding  any  other  laws,  ordinances,  observ- 
ances, customs,  or  practices,  which  might  militate  against  them  ;  since,  if 
any  such  there  be,  I  revoke  them  expressly,  and  declare  that  they  shall 
be  of  no  effect,  prohibiting  as  I  hereby  prohibit,  that  they  (the  present 
Ordinances)  should  be  explained  or  in  any  manner  whatever,  since  it  is 
my  will  that  they  shall  be  understood  literally,  as  they  are  written.  And 
in  like  manner  I  most  strictly  enjoin  all  Tribunals,  Magistrates,  and 
Courts  comprehended  in  this  and  the  preceding  section,  to  give  their 
most  effectual  aid  and  assistance  to  the  provisions  and  enactments  of 
these  my  Royal  Ordinances  ;  preventing,  as  far  as  it  is  possible,  all  kinds 
of  disputes  and  contentions,  which  will  always  incur  my  Royal  displeas- 
ure, as  being  prejudicial  to  the  administration  of  justice,  and  to  the  good 
government,  tranquility,  and  happiness  of  the  important  body  of  miners 
of  those  my  dominions  ;  for  which  purpose  I  have  commanded  the  dis- 
patch of  this  present  decree,  signed  by  my  Royal  hand,  sealed  with  my 
private  seal,  and  countersigned  by  my  underwritten  Secretary  of  State, 
and  of  the  General  Department  of  the  Indies,  and  which  shall  be  entered 
in  the  General  Office  for  the  dispatch  of  the  affairs  of  the  Indies,  and  in 
the  several  offices  of  New  Spain  which  it  may  concern.  Done  at  Aran- 


160  MINING   LAWS    OF   MEXICO. 

juez,  the  twenty-second  day  of  May,  in  the  year  one  thousand  seven  hun- 
dred and  eighty-three. 

I,  THE  KING, 

JOSEPH  DE  GALYEZ. 

Entered  in  the  General  Office  of  the  Indies,  Madrid,  the  twenty-fifth 
day  of  May,  in  the  year  one  thousand  seven  hundred  and  eighty-three. 

JOSEPH  DE  GALVEZ. 
A  true  copy. 

D.  FRANCISCO  MACHADO. 


The  foregoing  code  of  mining  laws  published  in  1783,  and  the  code  of 
Gamboa  published  in  1761,  constitute  the  principal  mining  laws  which 
have  been  in  force  in  Mexico  during  the  past  century.  The  code  of  1783 
and  the  changes  subsequently  made  in  the  mining  laws  of  Mexico  are 
referred  to  by  Rockwell  in  his  work  on  Spanish  and  Mexican  Law, 
vol.  1,  page  21,  as  follows  : 

"From  the  year  1761  to  1783  no  material  alteration  took  place  in  the 
mining  laws  of  Spain  and  her  colonies.  In  the  latter  year,  however,  a 
code  of  laws  was  issued  under  the  title  of  "  Mining  Ordinances  of  New 
Spain."  It  was  framed,  as  the  title  imports,  for  New  Spain  alone,  but 
was  subsequently  adopted  in  all  or  most  of  the  other  Spanish  Colonies. 
In  the  regulations  which  concern  the  working  of  the  mines  this  code 
very  closely  follows  the  former  ordinances,  and  where  alterations  are 
made,  they  are,  not  un frequently  from  the  suggestions  offered  in  the 
work  of  Gamboa.  As  to  the  other  points,  the  most  important  changes 
introduced  by  the  ordinances  of  1783,  were,  the  erection  of  the  Tribunal 
general  de  Mineria  and  the  Diputaciones  de  Mineria,  or  general  and 
local  tribunals,  to  which  the  exclusive  jurisdiction  in  mining  affairs  was 
confided  ;  the  establishment  of  a  Bank  of  Supplies  and  the  organization 
of  a  School  of  Mines.  But  this  code  left  the  former  ordinances  and 
other  mining  laws  in  force,  so  far  as  they  should  not  be  at  variance 
with  the  regulations  it  established,  and  hence  the  work  of  Senor  Gam- 
boa  which  was,  previous  to  the  year  1783,  the  paramount  authority  in 
all  doubtful  cases  in  mining  affairs,  continued  after  that  date  to  be 
regarded  with  the  highest  respect,  and  was  and  is  still  constantly  referred 
to  in  the  Courts  of  Mexico,  and  as  is  presumed  of  the  other  new  repub- 
lics of  America  also,  as  a  great  authority  on  such  subjects : 

"  Upon  the  establishment  of  the  independence  of  the  Spanish  Colonies, 
they  all,  or  most  of  them,  adopted,  in  reference  to  mining,  the  laws  exist- 


MINING   LAWS   OF  MEXICO.  161 

ing  previous  to  their  separation  from  the  mother  country,  with  such 
modifications  only  as  were  rendered  necessary  by  the  alteration  from  a 
monarchial  to  a  republican  and  federal  form  of  government.  In  Mexico 
the  principal  of  these  alterations  consisted  as  follows  : 

"  First,  in  the  abolition  of  the  General  Tribunal  of  Mining,  the  func- 
tions of  which  were  devolved  upon  the  Mining  Deputations  or  local 
Mining  Tribunals  of  each  State  ;  and.  second,  in  a  decree  of  the  Sov- 
ereign Congress  of  Mexico,  promulgated  in  the  year  1823,  empowering 
foreigners  to  hold  shares  in  the  mines  furnished  by  them  with  supplies  of 
money  or  stores. 

"  The  following  changes  have  also  been  introduced  in  several  of  the 
States  of  the  federation  : 

"  By  a  decree  of  the  Congress  of  the  State  of  Durango,  dated  the 
twenty-third  of  November,  1824,  it  was  resolved  that  a  Tribunal  de 
Mineria,  or  Mining  Court  for  Appeals  in  the  second  instance,  should  be 
established,  to  consist  of  a  lawyer  and  two  miners  ;  and  by  another  de- 
cree of  the  same  Congress,  dated  the  eighteenth  of  January,  1825,  it  was 
ordered  that  the  Tribunal  of  Mining  Appeals  should  exercise  the  same 
functions  in  that  State  as  had  been  previously  granted  to  the  Tribunal 
established  at  Guadalaxara. 

"  By  an  order  of  the  Congress  of  the  State  of  Chihuahua,  dated  the 
sixteenth  of  March,  1826,  the  contentious  jurisdiction  of  the  Mining 
Deputations  was  transferred  to  the  ordinary  Courts  ;  and  by  a  decree  of 
the  same  Congress,  of  the  seventh  of  October,  1826,  the  Mining  Depu- 
tations were  made  subject  to  the  Supreme  Government  of  the  State  in 
all  matters  as  to  which  they  had  previously  depended  on  the  General 
Tribunal  of  Mexico,  not  being  inconsistent  with  the  present  republican 
system. 

"  Finally,  by  a  decree  of  the  Congress  of  the  State  of  Guanaxnato, 
of  the  twenty-fourth  of  April,  1827,  the  contentious  jurisdiction  of  the 
Mining  Deputations  was  transferred  to  the  ordinary  Tribunals  of  Justice 
— their  ministerial  and  economical  authorities,  as  well  as  the  ministerial 
and  economical  authorities  of  the  extinct  General  Tribunal,  remaining 
vested  in  them. 

"  These  are  the  only  regulations  by  which  any  changes  of  importance 
are  understood  to  have  been  introduced  into  the  mining  laws  of  the 
Republic  of  Mexico  since  the  establishment  of  its  independence." 


RIGHTS  OF  FOREIGN  RESIDENTS  IN  MEXICO. 


DECREE  OP  PRESIDENT  COMONFORT,  FEBRUARY  IST,  1856. 

1.  Foreigners  settled  in  and  residents  of  the  Republic  may  acquire 
and  possess  real  estate,  either  in  town  or  country,  including  mines  of  all 
classes  of  minerals,   coal   included,  either   by  purchase,   adjudication, 
denouncement,  or  any  other  title  known  to  the  common  laws  or  mining 
ordinances. 

2.  No  foreigner  shall,  without  previous  permission  from  the  Supreme 
Government,  acquire  any  real  estate  in  the  States  or  Territories,  near  the 
frontier,  within  twenty  leagues  from  the  line  thereof. 

3.  Foreigners  wishing  to  obtain  the  permission  referred  to  in  the  fore- 
going article,  should  make  their  petition  to  the  Secretary  of  Fomento, 
that  in  view  of  the  same,  and  upon  the  report  of  the  Government  of  the 
State  or  Territory,  it  may  determine  what  is  fit  in  the  premises. 

4.  In  the  acquisitions  which  by  virtue  of  this  law  foreigners  may  wish 
to  make  of  real  estate,  either  in  town  or  country,  the  actual  lessees  or 
occupants  will  have  the  right  to  remain  under  the  same  circumstances 
and  conditions. 

5.  Foreigners  acquiring  real  property  by  virtue  of  this  law  are  sub- 
jected in  all  appertaining  to  it  to  the  provisions  already  made,  or  which 
may  be  directed  in  future,  relative  to  their  removal,  the  use  and  preserva- 
tion of  said  property  in  the  Republic,  as  well  as  to  the  payment  of  all 
kinds  of  taxes,  without  being  permitted  to  allege  at  any  time  their  priv- 
ileges as  foreigners  in  this  respect. 

6.  All  questions  which  may  arise  about  such  property  will  be  adjudged 
in  the  tribunals  of  the  Republic,  without  foreign  intervention  of  any 
kind. 

7.  Foreigners  acquiring  real  estate  in  town  or  country,  or  mining 
property,  in  accordance  with  this  law,  will  be  obliged  to  take  up  arms 


EIGHTS   OF  FOREIGN  RESIDENTS   IN   MEXICO.          163 

and  serve  as  soldiers,  when  it  may  be  necessary  for  the  preservation  and 
order  of  the  settlement  or  city  where  they  may  reside.  Except  in  these 
cases  they  cannot  be  compelled  to  such  service. 

8.  Foreigners  having  acquired  property  in  the  Republic,  wishing  to 
become  citizens  of  the  same,  will  only  have  to  prove  that  fact  before  the 
political  authority  of  their  residence.  The  evidence  whereof,  together 
with  the  corresponding  petition,  on  being  presented  to  the  Secretary  of 
Foreign  Relations,  the  ncessary  certificate  will  be  issued  to  them. 


DECREE  OF  PRESIDENT  JUAREZ,  MARCH  16TH,  1861. 

1.  In  order  that  foreigners  residing  in  the  Republic  may  be  enabled  to 
prove  their  nationalities  and  enjoy  the  privileges  to  which  they  are  enti- 
tled by  the  laws  and  existing  treaties  with  their  respective  governments, 
there  shall  be  opened  in  the  office  of  the  Secretary  of  State  and  Foreign 
Relations,  a  register,  where  their  names  may  be  entered. 

2.  A  term  of  three  months  from  the  publication  of  this  decree — said 
term  not  to  be  extended — is  hereby  granted  to  all  foreign  residents  desir- 
ous of  enjoying  the  privileges  accorded  to  them  as  such,  to  have  their 
names  recorded  in  said  register. 

3.  Those  foreigners  residing  outside  the  Capital  shall  present  them- 
selves with  the  necessary  documents  and  proofs,  to  the  Governors  of  the 
States  and  Territories  in  which  they  reside,  who  will  communicate  directly 
to  the  Secretary  of  State  and  Foreign  Relations,  and  to  whom  they  shall 
send  a  list  of  the  names,  and  full  description  of  those  who  may  present 
themselves,  as  aforesaid. 

4.  Foreigners  coming  to  the  Republic  must  report  themselves  to  the 
first  political  authority  of  the  port  at  which  they  land,  and  obtain  the 
certificate  hereinafter  referred  to. 

5.  The  Port  Warden  shall  forward,  with  the  quickest  dispatch,  a  list 
of  the  persons  landing  there,  with  their  names,  and  describing  their 
nationality. 

6.  Foreigners  neglecting  to  have  their  names  registered  within  the 
above  period  shall  be  subject  to  a  fine  of  ten  dollars,  aud  one  dollar  for 
every  month  thereafter  from  the  time  at  which  they  should  have  so  reg- 
istered themselves. 

7.  No  officer  or  public  functionary  shall  recognize  as  a  foreigner  any 
one  not  having  the  requisite  certificate  issued  by  the  Minister  of  Foreign 
Relations. 

8.  The  Tribunals  and  Justices,  whenever  a  suit  is  brought  before  them 
by  a  foreigner,  shall  exact  from  him  the  certificate  aforesaid,  and  when 


164  RIGHTS    OP   FOREIGN   RESIDENTS   IN   MEXICO. 

presented  shall  note  its  date  and  number  ;  and  no  foreigner  shall  be  heard 
in  Court  or  out  of  it,  without  presenting  said  certificate. 

9.  No  Notary  Public  shall  acknowledge  any  instrument  executed  by 
a  foreigner,  without  previously  having  seen   the  aforesaid   certificate, 
which  he  shall  specifically  refer  to  in  the  instrument  which  he  may 
acknowledge. 

10.  No  claim  or  demand  made  by  foreigners  shall  be  admitted  in  any 
public  office  of  the  Republic,  without  previous  presentation  of  said  cer- 
tificate, which  shall  be  noted  in  the  proceedings  commenced  by  them. 

11.  Foreigners  can  obtain  said  certificate  and  prove  their  nationality 
by  the  passport  with  which  they  came  to  the  Republic,  or  by  a  certifi- 
cate of  their  Consular  or  Diplomatic  Agent  of  their  nation,  without 
having  to  make  a  written  petition  to  the  Secretary  of  Foreign  Relations. 

12.  Any  public  officer  acting  in  contravention  to  this  decree  shall  be 
suspended  from  his  office  one  month  ;  and  if  he  be  a  Notary  Public  he 
shall  be  fined  fifty  dollars. 

13.  To  those  inscribing  their  names  a  certificate  shall  be  given  by  the 
Secretary  of  Foreign  Relations,  who  shall  be  the  only  officer  authorized 
to  issue  them. 

14.  All  fees  for  the  issuance  of  said  certificates  shall  be  two  dollars 
each,  to  be  paid  on  entering  the  name  in  the  register. 

15.  The  Civil  Judges  are  by  this  required  to  report  monthly  to  the 
Secretary  of  Foreign  Relations  all  changes  that  may  take  place  in  the 
civil  state  of  foreigners. 


DECREE  OP  PRESIDENT  JUAREZ,  MARCH  13-ra,  1863. 

1.  Every  foreigner  who,  for  himself  or  in  copartnership  with  other  for- 
eigners, should  purchase  land  for  agricultural  purposes,  they  and  their 
colonists  are  exempted  for  the  term  of  ten  years,  reckoned  from  the  day 
in  which  the  deeds  of  purchase  are  signed,  from  the  payment  of  all  taxes, 
except  the  municipal  ones  which  they  may  impose  upon  themselves,  pro- 
vided they  file  within  one  year  a  plan  or  draft,  showing  the  boundaries  of 
their  land,  with  the  Secretary  of  Fomento. 

2.  The  foreigners  comprised  in  the  foregoing  article  will  enjoy  five 
years  longer  the  privileges  granted,  provided  that  at  the  expiration  of 
the  first  period  they  can  show  that  they  have  in  their  employment,  on 
their  lands  or  colonies,  a  number  of  Mexicans  employed  constituting  at 
least  one-third  of  all  the  laborers  or  colonists. 

3.  They  will  not  pay,  for  the  period  of  two  years,  any  import  or  inter- 
nal duty,  for  all  the  effects  directly  consigned  for  the  use  of  the  colonies, 


EIGHTS   OF  FOREIGN   RESIDENTS   IN   MEXICO.          165 

or  tools  and  utensils  for  the  use  of  the  colonists,  provided  that  any 
imported  from  Europe  for  their  use,  if  thrown  into  the  market,  shall  be 
confiscated. 

4.  The  colonies  formed  under  the  foregoing  laws,  the  principle  of 
which  is  they  shall  be  formed  with  foreign  capital,  will,  without  restraint, 
dispose  of  the  municipal  funds  they  may  themselves  create ;  and  the 
Government  shall  not  intervene  in  other  than  the  administration  of  that 
revenue  which  he  may  please  to  assign  to  the  colony. 

5.  The  lands  cultivated  and  colonies  so  formed  will  enjoy,  during  two  ' 
years,  in  all  things,  the  privileges  hereby  granted,  and  those  given  by  the 
Constitution  of  the  Eepublic  to  foreigners,  according  to  the  nationalties 
of  the  owner  of  the  farm  or  a  majority  of  the  colonists. 

6.  In  all  cases  not  expressly  designated  by  this  law,  the  owners  of 
property  and  the  colonists  are  entirely  subject  to  the  laws  of  the  coun- 
try, and  so  will  be  all  others  at  the  termination  of  the  different  periods 
expressed  in  the  foregoing  articles. 


APPENDIX, 


FORMS. 


CERTIFICATE  OF  INCORPORATION. 

STATE  or  CALIFORNIA,     ) 
County  of ) 

We,  the  undersigned,  being  desirous  of  forming  a  corporation  for  the  pur- 
pose of  mining,  under  and  in  pursuance  of  the  laws  of  the  State  of  Califor- 
nia, do  hereby  certify  and  declare  as  follows,  viz. : 

First.    That  said  corporation  shall  be  known  by  the  name  of  the  " 

Mining  Company." 

Second.  That  the  object  of  said  corporation  shall  be  to  carry  on  and  con- 
duct the  business  of  mining  for in  the Mining  District 

County,  State  (or  Territory)  of 

Third.   That  the  amount  of  the  Capital  Stock  of  said  corporation,  shall 

be dollars,  which  shall  be  divided  into shares,  of 

each. 

Fourth.    That  said  corporation  shall  exist  for  the  term  of years. 

Fifth.  That  the  principal  place  of  business  of  said  corporation,  shall  be 
located  in  the  City  of. County  of State  of  California. 

Sixth.  That  the  number  of  Trustees  who  shall  manage  the  concerns  of 
said  corporation  for  the  first  three  months,  shall  be and  the  follow- 
ing are  the  names  of  the  said  Trustees,  viz. : 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals  this 

day  of A.D.  186 

[See  Section  2,  Act  of  April  14th,  1853,  p.  1.] 

DEED. 

MINING   CLAIM   TO   INCORPORATED   COMPANY. 

THIS  INDENTURE,  made  this day  of in  the  year 


168  APPENDIX. 

of  our  Lord  one  thousand  eight  hundred  and  sixty- between  the 

undersigned,  parties  of  the  first  part,  and  the Mining  Company, 

party  of  the  second  part :     Witnesseth,  that  whereas,  the  said 

Mining  Company  has  been  duly  incorporated  under  the  laws  of  the  State  of 
California ;  and  whereas,  the  said  parties  of  the  first  part,  the  present  owners 
of  the  mining  ground  or  lode  hereinafter  described,  are  desirous  of  trans- 
ferring to  said  corporation  all  the  right,  title,  and  interest  which  they  and 
each  of  them  have  or  claim  therein. 

Now,  therefore,  know  all  men  by  these  presents,  that  the  undersigned,  parties 
of  the  first  part  hereto,  and  each  of  them,  for  and  in  consideration  of  the 
sum  of  one  dollar  to  them,  jointly  and  severally,  in  hand  paid,  at  or  before 
the  execution  and  delivery  of  these  presents,  the  receipt  whereof  is  hereby 
acknowledged  (and  for  the  further  consideration  of  certificates  of  stock  in 

said Mining  Company,  hereafter  to  be  issued  to  them,  and  each 

of  them,  their  heirs  and  assigns,  in  proportion  to  their  several  interests  as 
hereinafter  mentioned),  do  hereby  grant,  bargain,  sell,  and  convey  unto  the 

said  Corporation,  called  the Mining 

Company,  its  successors  and  assigns,  all  the  right,  title,  and  interest,  posses- 
sion, claim,  and  demand,  whatsoever,  as  well  in  law  as  in  equity,  of  said 
parties  of  the  first  part,  and  each  of  them,  of,  in,  and 'to  all  that  certain 

mining  ground  or  lode,  situate,  lying,  and  being  in Mining 

District, County,  State  (or  Territory)  of ,  known 

as  the Which  said  mining  ground  or  lode  was  located  by 

on  the day  of ,  A.D.  186. .,  and 

recorded  in  Book ,  page  . . .  .,  of  the  Mining  Records  of  said  District. 

Together  with  all  the  dips,  spurs,  and  angles  of  said  mining  ground  or 
lode,  and  all  and  singular  the  tenements,  hereditaments  appurtenances,  and 
privileges  thereunto  belonging. 

To  have  and  to  hold  the  same,  and  every  part  thereof,  with  the  appurte- 
nances and  privileges  thereunto  belonging  unto  the  said 

Mining  Company,  its  successors  and  assigns 

forever. 

In  witness  whereof,  the  said  parties  of  the  first  part  have  hereunto  set 
their  hands  and  seals  the  day  and  year  first  above  written. 

[Interest  of  Grantor.]  [Names.]  [Seal.] 


POWER  OF  ATTORNEY  TO  RECEIVE  CERTIFICATES  OF  STOCK. 

Know  all  men  by  these  present  that  I, ,  do  hereby  make, 

constitute,  and  appoint my  true  and  lawful  attorney,  for 

me  and  in  my  name,  place,  and  stead,  to  receive  certificates  for 

shares  of  the  capital  stock  of  the Mining  Company,  and  to 


APPENDIX.  169 

sign  and  execute  all  necessary  papers  to  that  end  ;  hereby  ratifying  all  law- 
ful acts  of  my  said  attorney  done  by  virtue  hereof. 

Witness  my  hand  and  seal,  at ,  this day  of , 

A.D.  186  . 

Witness :  [L.S.] 

POWER  OF  ATTORNEY  TO  VOTE  AT  A  MEETING  OF  STOCK- 
HOLDERS. 

Know  all  men  by  these  presents  that  I, ,  do  hereby  make, 

constitute,  and  appoint my  true  and  lawful  attorney,  for 

me  and  in  my  name,  place,  and  stead,  to  vote  as  my  proxy  at 

meeting  of  the  Stockholders  of  the Mining  Company 

according  to  the  number  of  votes  to  which  I  should  be  entitled  if  person- 
ally present ;  with  full  power  of  substitution  and  revocation. 

Witness  my  hand  and  seal,  at ,  this day  of , 

A.D.  186  . 

Witness :  [L.S.] 

[If  this  proxy  is  used  at  an  election  of  officers,  a  ten  cent  Revenue  Stamp 
must  be  affixed.] 

BY-LAWS. 
ARTICLE  I. 

NAME   AND   CAPITAL   STOCK. 

This  Company  shall  be  known  as  the  " Mining  Company,'* 

and  shall  have  a  capital  stock  of dollars,  which  shall  be 

divided  into shares  of dollars  each. 

ARTICLE  II. 

CORPORATE    POWERS. 

The  corporate  power  of  this  company  shall  be  vested  in  a  Board  of 

Trustees,  and  the  other  officers  of  the  company  shall  be  a  Presi- 
dent, Secretary,  Treasurer,  and  Superintendent. 

ARTICLE  III. 

MEETINGS   OF   STOCKHOLDERS. 

The  annual  meeting  of  stockholders  for  the  election  of  Trustees  and  trans- 
action of  other  business,  shall  be  held  at on  the 

of  each  year.  Notice  of  all  meetings  of  stockholders  shall  be  given  by  pub- 
lication for  two  weeks  in  some  newspaper  published  in and 

by  special  notice  from  the  Secretary  to  each  stockholder.  No  meeting  of 
the  stockholders  shall  be  competent  to  transact  business  unless  a  majority 
of  the  stock  is  represented.  In  case  a  majority  of  the  stock  is  not  repre- 


170  APPENDIX. 

sented  at  the  annual  meeting,  a  similar  notice  shall  be  published  and  given 
by  the  Secretary  calling  another  meeting  within  thirty  days  thereafter. 
Each  share  of  stock  shall  be  entitled  to  one  vote,  and  each  vote  may  be 
cast  by  proxy  at  all  meetings  of  the  stockholders.  The  proxy  shall  be  in 
writing,  and  filed  with  the  Secretary. 

ARTICLE     IV. 

TRUSTEES. 

The  Trustees  elected  at  the  first  annual  meeting  of  the  stockholders  shall 
serve  for  one  year,  and  until  their  successors  are  elected.  Their  term  of  office 
shall  commence  immediately  after  their  election.  Vacancies  in  the  Board 
of  Trustees  shall  be  filled  by  the  other  Trustees  in  office  within  thirty  days 
after  such  vacancy  shall  occur,  and  the  person  so  elected  shall  hold  office 
until  the  next  annual  election  thereafter.  No  person  who  is  not  at  the  time 
of  the  election  an  owner  of  stock  in  the  company,  standing  in  his  own  name 
on  its  books,  shall  be  eligible  to  election  as  a  member  of  the  Board  of 
Trustees. 

The  Trustees  shall  present  a  full  statement  at  the  annual  meeting  of  the 
stockholders,  showing  in  full  and  in  detail  the  assets  and  the  liabilities  of 
the  company,  and  the  general  conditions  of  its  affairs.  They  shall  call  a 
meeting  of  the  stockholders,  and  present  at  the  meeting  a  similar  report 
whenever  so  requested  in  writing  by  stockholders  representing  one-third  of 
the  whole  number  of  shares. 

The  Board  of  Trustees  shall  have  power  to  call  meetings  of  the  stock- 
holders whenever  they  deem  it  necessary.  To  appoint  and  remove  at  plea- 
sure all  officers,  agents,  and  employes  of  this  company,  and  to  prescribe 
their  duties,  fix  their  compensation,  and  require  security  for  faithful  service. 
To  make  rules  and  regulations  not  inconsistent  with  the  laws  of  the  State  of 
California,  or  the  By-Laws  of  the  Company.  To  declare  dividends  out  of 
the  surplus  profits  of  the  company  whenever  they  may  deem  it  advisable. 
To  levy  such  assessments  as  in  their  opinion  may,  from  time  to  time,  be 
necessary  for  the  purposes  of  the  company ;  provided,  that  no  assessment 
shall  be  levied  exceeding per  share.  To  make  all  con- 
tracts which  in  their  judgment  will  subserve  the  interests  of  the  company ; 
and  the  signatures  of  the  President  and  Secretary  to  any  contract  or  obliga- 
tion, when  authorized  by  a  vote  of  a  majority  of  the  Trustees,  shall  be  valid 
and  binding  upon  the  Company.  To  incur  such  indebtedness  as  they  may 

deem  necessary ;  provided,  however,  that  no  debt  exceeding 

dollars  shall  be  contracted  on  behalf  of  the  company,  except  with  the  ex- 
press stipulation  that  the  stockholders  shall  not  be  held  liable  in  their 
individual  capacity ;  and  provided,  further,  that  the  debts  of  the  company 

shall  not  at  any  time  exceed  in  the  aggregate  the  sum  of 

dollars. 


APPENDIX.  171 

It  shall  be  the  duty  of  the  Trustees  to  cause  to  be  kept  a  complete  record 
of  all  their  official  acts,  and  full  minutes  of  the  proceedings  of  all  meetings 
of  the  Board  and  of  the  stockholders.  To  require  the  Secretary  and  Treas- 
urer to  keep  their  books  and  accounts  in  a  proper  manner.  To  cause  to  be 
issued  to  the  stockholders,  in  proportion  to  their  respective  interests,  cer- 
tificates of  stock ;  provided,  that  the  aggregate  amount  of  the  certificates  so 
issued  shall  not  exceed  the  capital  stock  of  the  company. 

At  the  first  meeting  of  the  Board  of  Trustees  they  shall  select  one  of  their 
number  to  act  as  President,  and  elect  a  Secretary  and  Treasurer. 

ARTICLE    Y. 

PRESIDENT. 

The  President  shall  preside  at  all  meetings  of  the  Trustees  and  of  the 
stockholders.  He  shall  sign,  as  President,  all  certificates  of  stock,  and  all 
contracts  and  other  instruments  of  writing  which  have  been  first  approved 
by  the  Board  of  Trustees,  and  affix  the  corporate  seal  to  all  instruments 
requiring  a  seal.  He  shall  draw  all  warrants  on  the  Treasurer.  He  shall 
have  the  casting  vote  at  all  meetings  of  the  stockholders  or  Trustees.  He 
may  call  a  meeting  of  the  Trustees  or  stockholders  whenever  he  shall  deem 
it  necessary,  and  shall  have,  subject  to  the  advice  of  the  Trustees,  direction 
of  the  affairs  of  the  company.  In  case  of  his  absence  or  inability,  from  any 
cause,  to  discharge  the  duties  of  the  office,  the  vacancy  may  be  filled  by  the 
remaining  members  of  the  Board,  permanently  or  temporarily,  as  the  cir- 
cumstances may  require,  and  the  person  so  elected  shall  be  vested  with  all 
the  powers  of  the  office. 

ARTICLE    VI. 

TREASURER. 

The  Treasurer  shall  safely  keep  all  moneys  and  bullion  belonging  to  the 
company,  and  disburse,  the  same  under  the  direction  of  the  Board  of  Trus- 
tees, and  in  conformity  with  the  By-Laws  of  the  company.  At  each  annual 
meeting  of  the  stockholders,  and  as  often  as  may  be  required  by  the  Board 
of  Trustees,  he  shall  present  a  full  statement  of  his  accounts,  with  proper 
vouchers.  He  shall  make  no  payment  except  on  a  warrant  drawn  by  the 
President,  and  countersigned  by  the  Secretary.  He  shall  discharge  such 
other  duties  as  pertain  to  his  office,  and  as  may  be  prescribed  by  the  Board 
of  Trustees. 

ARTICLE  VII. 

SECRETARY. 

The  Secretary  shall  keep  a  full  record  of  the  proceedings  of  the  Trustees 
and  of  the  stockholders.  He  shall  keep  the  book  of  blank  certificates  of 
stock,  fill  up  and  countersign  all  certificates  issued,  and  make  the  proper 
entries  in  the  margin  of  such  book  on  the  issuance  of  certificates.  He 


172  APPENDIX. 

shall  cancel  all  certificates  surrendered  to  him  before  issuing  new  certificates 
in  lieu  thereof,  and  shall  preserve  the  certificate  so  surrendered  and  canceled  as 
voucher.  He  shall  keep  a  transfer  book,  and  a  stock  ledger  in  debit  and  credit 
form,  showing  the  number  of  shares  issued  to  and  transferred  by  any  stock- 
holder, and  the  date  of  such  issuance  or  transfer.  He  shall  countersign  all  war- 
rants drawn  on  the  Treasurer,  keep  proper  account  books,  and  perform  such 
other  duties  as  pertain  to  his  office,  and  as  are  prescribed  by  the  Board  of 
Trustees. 

The  books  of  the  Secretary,  and  such  papers  as  may  be  placed  on  file  by 
vote  of  the  Trustees  or  Stockholders,  shall  at  all  times  during  business  hours 
be  subject  to  the  inspection  of  any  stockholder. 

ARTICLE    VIII. 

SUPERINTENDENT. 

A  Superintendent  shall  be  elected  by  the  Board  of  Trustees,  and  be  re- 
moved at  their  pleasure.  It  shall  be  the  duty  of  such  Superintendent  to 
reside  at  the  mine  of  the  company,  and  take  charge  of  all  property  there 
belonging  to  the  Company,  and  control  and  direct  all  labor  and  business 
pertaining  to  the  interests,  object,  and  operation  of  the  company  at  the 
mine ;  subject,  however,  as  far  as  practicable,  to  the  advice  of  the  Trustees 
residing  there,  and  entirely  subject  to  the  direction  and  control  of  the  Board 
of  Trustees.  He  shall  make  monthly  returns  to  the  Board  of  Trustees  of 
all  persons  employed  by  the  company,  their  wages  and  time  employed,  and 
shall  present  therewith  a  statement  of  all  expenditures  made  by  him,  and  his 
vouchers  therefor  (duplicates  of  which  shall  be  kept  by  him),  and  he  shall 
also  report  the  general  condition  of  the  mining  work ;  should  he  require 
funds,  he  shall  make  a  requisition  on  the  Board  of  Trustees  therefor,  stat- 
ing the  objects  for  which  they  are  required.  If  approved  by  the  Board  of 
Trustees,  the  money  shall  be  transmitted  to  him  in  such  mode  as  they  may 
direct,  or  he  may  provide  funds  by  the  sale  of  ore  or  bullion,  if  so  author- 
ized by  the  Board  of  Trustees. 

ARTICLE   IX. 

CERTIFICATES   OF   STOCK. 

Certificates  of  stock  shall  be  of  such  form  and  device  as  the  Board  of 
Trustees  may  direct.  Each  certificate  shall  be  signed  by  the  President  and 
countersigned  by  the  Secretary,  and  bear  the  seal  of  the  company,  and 
express  on  its  face  its  number,  date  of  issuance,  the  number  of  shares  for 
which,  and  the  person  to  whom  it  is  issued.  Several  certificates  may  be 
issued  to  the  same  person,  provided  that  in  the  aggregate  they  do  not  exceed 
the  number  of  shares  belonging  to  such  person.  The  certificate  book  shall 
contain  a  margin  in  which  shall  be  entered  the  date,  number  of  shares,  and 
name  of  the  person  expressed  in  the  corresponding  certificate.  No  certifi- 


APPENDIX.  173 

cates  of  stock  shall  be  delivered  by  the  Secretary  until  the  person  entitled 
thereto  shall  have  signed  the  By-Laws  of  the  company. 

ARTICLE   X. 

TRANSFER    OF    SHARES. 

Shares  in  the  company  may  be  transferred  at  any  time  by  the  holder 
thereof,  or  by  attorney  legally  constituted,  or  by  their  legal  representatives, 
but  no  transfer  shall  be  valid  except  as  between  the  parties  thereto,  until 
the  surrender  of  the  certificate,  and  acknowledgment  of  such  transfer  on  the 
books  of  the  company. 

No  transfer  of  any  share  shall  be  valid  upon  which  any  assessments  are 
then  due  and  unpaid,  or  if  the  holder  thereof  is  indebted  to  the  company  on 
any  account  whatever,  until  such  account  or  debt  is  paid,  or  arranged  to 
the  satisfaction  of  the  Board  of  Trustees. 

ARTICLE    XI. 

COMPENSATION. 

Neither  the  President,  Treasurer,  nor  any  member  of  the  Board  of  Trus- 
tees, as  such,  shall  receive  compensation  for  their  services.  Reasonable 
traveling  expenses  shall  be  allowed  by  the  Trustees  to  the  President,  or 
other  member  of  the  Board,  engaged,  by  authority  of  the  Board  of  Trustees, 
in  the  business  of  the  company. 

The  Superintendent  and  Secretary  shall  respectively  receive  such  com- 
pensation for  their  services  as  the  Board  of  Trustees  may  from  time  to  time 
determine. 

ARTICLE   XII. 

VALIDITY   OF    CONTRACTS. 

No  contract  by  any  officer  of  the  company,  other  than  for  work  and  labor 
done  and  materials  furnished,  shall  be  valid  without  the  previous  approval 
or  subsequent  ratification  by  the  Board  of  Trustees. 

ARTICLE    XIII. 

AMENDMENTS. 

These  By-Laws  may  be  altered  or  amended  at  any  meeting  of  the  stock- 
holders of  which  notice  has  been  given  as  provided  in  Article  III,  by  a 
majority  vote  of  all  the  shares. 


174  APPENDIX. 


MINING  DISTRICT  LAWS. 


REESE    RITER    MINING    DISTRICT,    NEVADA   TERRITORY. 

SECTION  1.  The  District  shall  bes  known  as  the  Reese  River  Mining 
District,  and  shall  be  bounded  as  follows,  to  wit :  On  the  north  by  a  distance 
of  ten  miles  from  the  Overland  Telegraph  Line,  on  the  east  by  Dry  Creek, 
on  the  south  by  a  distance  of  ten  miles  from  the  Overland  Telegraph  Line, 
and  on  the  west  by  Edward's  Creek,  where  not  conflicting  with  any  new 
districts  formed  to  date. 

SEC.  2.  There  shall  be  a  Mining  Recorder  elected  on  the  first  day  of  June 
next,  for  this  District,  who  shall  hold  office  for  one  year  from  the  seven- 
teenth of  July  next,  unless  sooner  removed  by  a  new  election,  which  can 
only  be  done  by  a  written  call,  signed  by  at  least  fifty  claim-holders,  giving 
notice  of  a  new  election  to  be  held  after  said  notice  shall  have  been 
posted  and  published  for  at  least  twenty  days,  in  some  newspaper  published 
in  or  nearest  this  District ;  and  the  Recorder  shall  be  a  resident  of  this 
District. 

SEC.  3.  It  shall  be  the  duty  of  the  Recorder  to  keep  in  a  suitable  book  or 
books,  a  full  and  truthful  record  of  the  proceedings  of  all  public  meetings ; 
to  place  on  record  all  claims  brought  to  him  for  that  purpose,  when  such 
claim  shall  not  interfere  with  or  affect  the  rights  and  interests  of  prior 
locators,  recording  the  same  in  the  order  of  their  date,  for  which  service  he 
shall  receive  One  Dollar  ($1)  for  each  claim  recorded.  It  shall  also  be  the 
duty  of  the  Recorder  to  keep  his  books  open  at  all  times  to  the  inspection 
of  the  public ;  he  shall  also  have  the  power  to  appoint  a  deputy  to  act  in 
his  stead,  for  whose  official  acts  he  shall  be  held  responsible.  It  shall  also 
be  the  duty  of  the  Recorder  to  deliver  to  his  successor  in  office  all  books, 
records,  papers,  etc.,  belonging  to  or  pertaining  to  his  office. 

SEC.  4.  All  examinations  of  the  record  must  be  made  in  the  full  presence 
of  the  Recorder  or  his  deputy. 

SEC.  5.  JSTotice  of  a  claim  of  location  of  mining  ground  by  any  individual, 
or  by  a  company,  on  file  in  the  Recorder's  office,  shall  be  deemed  equivalent 
to  a  record  of  the  same. 

SEC.  6.  Each  claimant  shall  be  entitled  to  hold  by  location  two  hundred 
feet  on  any  lead  in  the  District,  with  all  the  dips,  spurs,  and  angles, 
offshoots,  outcrops,  depths,  widths,  variations,  and  all  the  mineral  and  other 
valuables  therein  contained — the  discoverer  of  and  locator  of  a  new  lead 
being  entitled  to  one  claim  extra  for  discovery. 

SEC.  7.  The  locator  of  any   lead,  lode,  or  ledge  in  the  District  shall  be 


APPENDIX.  175 

entitled  to  hold  on  each  side  of  the  lead,  lode,  or  ledge  located  by  him  or 
them,  one  hundred  feet;  but  this  shall  not  be  construed  to  mean  any  distinct 
or  parallel  ledge  within  the  two  hundred  feet  other  than  the  one  originally 
located. 

SEC.  8.  All  locations  shall  be  made  by  a  written  notice  posted  upon  the 
ground,  and  boundaries  described,  and  all  claimants'  names  posted  on  the 
notice. 

SEC.  9.  Work  done  on  any  tunnel,  cut,  shaft,  or  drift,  in  good  faith,  shall 
be  considered  as  being  done  upon  the  claim  owned  by  such  person  or 
company. 

SEC.  10.  Every  claim  (whether  by  individual  or  company)  located,  shall 
be  recorded  within  ten  days  after  the  date  of  location. 

SEC.  11.  All  miners  locating  a  mining  claim  in  this  District,  shall  place 
and  maintain  thereon  a  good  and  substantial  monument  or  stake,  with  a 
notice  thereon  of  the  name  of  the  claim,  the  names  of  the  locators,  date  of 
location,  record,  and  extent  of  claim.  It  is  hereby  requested  that  owners  in 
claims  already  located  do  comply  with  the  requirements  of  this  section. 

SEC.  12.  The  Recorder  shall  go  upon  the  ground  with  any  and  all  parties 
desiring  to  locate  claims,  and  shall  be  entitled  to  receive  for  such  service 
One  Dollar  for  each  and  every  name  in  a  location  of  two  hundred  feet  each. 

SEC.  13.  It  is  hereby  made  the  duty  of  the  Mining  Recorder  upon  the 
written  application  of  twenty-five  miners,  to  call  a  meeting  of  the  miners  of 
the  District  by  giving  a  notice  of  twenty  days  through  some  newspaper 
published  in  the  Reese  River  District,  which  notice  shall  state  the  object  of 
the  meeting,  the  place  and  time  of  holding  the  same. 

SEC.  14.  The  laws  of  this  District  passed  July  17th,  1862,  are  hereby 
repealed. 

SEC.  15.  These  laws  shall  take  effect  on  and  after  the  fourth  day  of  June, 
1864. 


176  APPENDIX. 


ERRATA. 

MINING  LAWS  OF  NEVADA  TERRITORY. 
[The  following  Sections  were  omitted  in  their  proper  place] : 

AN  A  CT  to  regulate  Official  OatJis. 
[Approved  April  30th,  1861.    Laws  Nevada  T.,  1861,  p.  37.] 

FORM  OP  OATH  TO  BE  TAKEN  BY  TRUSTEES  OF  CORPORATIONS. 

SECTION  1.  That  all  officers  elected,  appointed,  or  chosen,  before  entering 
upon  the  duties  of  their  office,  and  all  Attorneys,  Counselors,  and  Solicitors 
in  Chancery,  in  all  the  Courts  of  this  Territory,  before  being  admitted  to 
practice,  shall  take  and  subscribe  to  the  following  oath,  viz. : 

"  I,  [here  name  the  person  and  the  office  to  which  he  has  been  elected, 
appointed,  or  chosen]  do  solemnly  [swear  or  affirm]  that  I  will  support,  pro- 
tect, and  defend  the  Constitution  and  Government  of  the  United  States,  against 
all  enemies,  whether  domestic  or  foreign,  and  that  I  will  bear  true  faith, 
allegiance,  and  loyalty  to  the  same,  any  ordinance,  resolution,  or  law  of  any 
State,  Convention,  or  Legislature,  to  the  contrary  notwithstanding ;  and  fur- 
ther, that  I  do  this  with  a  full  determination,  pledge,  and  purpose,  without 
any  mental  reservation  or  evasion  whatsoever ;  and  further,  that  I  will  well 
and  faithfully  perform  all  the  duties  which  may  be  required  of  me  by  law, 
so  help  me  God."  

Sworn  to  and  subscribed  before  me,  this day  of 

AN  ACT  to  regulate  Proceedings  in  Civil  Cases  in  the  Courts  of  Justice  of 

the  Territory  of  Nevada. 
[Approved  November  29th,  1861.    Laws  Nevada  T.  1861,  p.  410.] 

USAGES   AND   CUSTOMS. 

SECTION  561.  In  actions  respecting  mining  claims,  proof  shall  be  admit- 
ted of  the  customs,  usages,  or  regulations  established  and  in  force  in  the 
mining  district  embracing  such  claim ;  and  such  customs,  usages,  or  regula- 
tions, when  not  in  conflict  with  the  laws  of  this  Territory,  shall  govern  the 
decision  of  the  action  in  regard  to  all  questions  of  location,  possession,  and 
abandonment. 

Page  47,  after  title  of  act,  read  "  Wood's  Digest,  p.  244." 
Page  79,  fifth  line  from  bottom,  for  "p.  35"  read  "p.  38." 


INDEX. 


STATUTES  OF  CALIFORNIA. 

SECTIONS.  PAGES. 

ACTIONS  against  Stockholders 16  11 

evidence  in 16,  18,  I    11,  17,  21 

respecting  mining  claims 45 — 47 

limitation  of 1,2  45 

receiver  may  be  appointed  in 63  46 

duties  of  receiver  in 64  47 

proof  of  usages  and  customs  in 621  47 

ALPHABETICAL  LIST  of  Stockholders  shall  be  kept. .  18,  1  17,  21 

what  shall  be  shown  thereby 18,  1  17,  21 

shall  be  kept  open  for  inspection 18,1  17,21 

Stockholders  or  creditors  may  make  extracts 

therefrom 18,  1  17,  21 

such  book  or  certified  copy  therefrom  shall  be 

evidence  in  actions 18,  1  17,  21 

penalty  for  neglect  to  keep  in  proper  manner  19,  2  18,  22 

ASSESSMENTS,  under  Act  of  April  14th,  1853 10  8 

under  Act  of  March  5th,  1861 .    1  28 

under  Act  of  April  4th,  1864 24 

power  of  Trustees  to  levy 1  24 

limitation  as  to  amount  of 2  24 

how,  shall  be  levied 3  24 

what  shall  be  specified  in  the  order  levying. .  4  24 

notice  of,  shall  be  published 5  24 

form  of  notice 5  25 

how  and  where  notice  of,  shall  be  published  .  6  25 

notice  of,  may  be  served  by  delivering  copy. .  6  25 

sale  of  stock  for  non-payment  of 11  27 

shall   not  be  rendered  invalid  by  failure  to 

publish  notice 14  28 


178  INDEX. 

SECTIONS.          PAGES. 

BY-LAWS,  power  of  corporations  to  make 4  3 

to  provide  for  filling  vacancies  in  Board  of 

Trustees 5  5 

shall  be  entered  at  length  in  a  book 1  21 

for  regulation  of  transfer  agency 3  32 

CANAL  COMPANIES,  for  what  purposes,  may  be  formed  1  33 

rights  granted  to 2  33 

power  of 3  33 

shall  construct  and  repair  bridges 4  34 

CAPITAL  STOCK  shall  be  stated  in  certificate 2  1 

shall  not  be  reduced  except  as  prescribed ....  13  10 

distribution  of,  upon  dissolution 13  10 

debts  not  to  exceed  amount  of,  paid  in 14  10 

may  be  increased  or  diminished 20  18 

before,  diminished  excess  of  debts  to  be  satis- 
fied   21  19 

manner  of  increasing  or  diminishing 21  19 

CERTIFICATE  OF  INCORPORATION,  number  of  persons 

to  sign 2  1 

what  shall  be  stated  therein 2  1 

certified  copy  of,  to  be  filed  on  incorporation  2  1 

certified  copy  of,  shall  be  received  in  evidence  3  3 
certified  copy  of,  shall  be  filed  on  removing 

office 2  30 

certified  copy  of,  shall  be  filed  on  removing 

office  from  Aurora,  Nevada  Territory. . .  2  31 

defective  certificates  validated 1  3 

CERTIFICATE  OF  PROCEEDINGS  shall  be  filed  when 

capital  is  increased  or  diminished 22  19 

how,  shall  be  made 22  19 

what  shall  be  shown  thereby 22  19 

on  petition  for  dissolution 24  20 

what  shall  be  stated  therein 24  20 

CERTIFICATE  OF  TRUSTEES  on  removal  of  office  ...  2  31 
CERTIFIED  COPY  of  certificate  of  incorporation  shall 

be  filed 2      1,  30,  31 

shall  be  received  in  evidence 3  3 

of  list  of  stockholders,  etc.,  maybe  demanded  18,  1          17,  21 

shall  be  evidence  of  facts  stated 18,  1          17,  21 

CONVEYANCE  OF  MINING  CLAIMS  (Act  of  April  13th, 

1860),  what  may  be  evidenced  by 1  42 

need  not  be  under  seal 1  42 

must  be  accompanied  by  delivery  of  posses- 
sion                1  42 


INDEX.  179 

SECTIONS.  PAGES. 

CONVEYANCE  OF  MINING   CLAIMS,  or  must  be  ac- 
knowledged and  recorded 1  42 

limitation  of  act  to  gold  mining  claims  repealed  2  43 

CORPORATIONS  (under  Act  of  April  14th,  1853),  for 

what  purposes  may  be  formed 1  1 

liabilities  of 1,  16,  27      1,  11,  21 

powers  of ? 4,15  3,10 

debts  of,  shall  not  exceed  paid-in  capital 14  10 

penalty  of,  for  neglect  to  keep  list  of  stock- 
holders    19,  2  18,  22 

settlement  of  affairs  on  dissolution  of 23  19 

manner  of  dissolution  of 24  20 

CREDITORS,  when  trustees  are  individually  liable  to. .  14  10 

may  inspect  list  of  stockholders 18,  1  17,  22 

DEBTS,  trustees  individually  liable  for  excess  of 14  10 

shall  be  satisfied  before  capital  is  reduced  ...  20  18 

to  be  settled  ,by  trustees  after  dissolution. ...  23  19 

DISSOLUTION  OF  CORPORATION 23,  24  19,  20 

DIVIDENDS  shall  not  be  made  except  from  surplus 

profits 13  10 

ELECTION  OF  TRUSTEES,  manner  of  conducting 5  5 

EVIDENCES  OF  DEBT  shall  not  be  issued  to  circulate 

as  money 15  10 

EXECUTOR,  Administrator,  etc.,  may  represent  stock.  11  9 

liability  of 17  17 

FOREIGN  MINERS  shall  have  a  license 90  58 

rate  of  license 92  58 

mode  of  collection 93  58 

who  shall  be  considered  miners 93  59 

employers  made  liable 97,  98  59,  60 

power  of  Collector 97  59 

penalty  for  refusing  to  pay 97  60 

GROWING    CROPS,  etc.    (Act  of  April  25th,   1855), 

owners  of,  protected 1,2  36 

penalty  for  violation  of  act  concerning 3  37 

IMPROVEMENTS,  meaning  of  word,  as  construed  by 

Act  of  April  25th,  1855 2  37 

INCORPORATIONS,  defective  acts  of 1,2  3 

LIABILITIES  (under  Act  of  April  14th,  1853)  of  cor- 
porations   1,  16,  27      1,  11,  21 

of  trustees 13,14  10 

of  stockholders 16  11 

of  person  pledging  stock 17  17 

of  executor,  administrator,  etc 17  17 

of  mining  copartnerships 1  28 


180  INDEX. 

SECTIONS.  PAGES. 

MINERAL  LANDS  occupied  by  growing  crops,  etc., 

how,  may  be  used 2  37 

may  be  worked  after  crops  are  harvested 3  37 

settlers  upon,  shall  not  preclude  working  of 

of  mines 1          37,38 

NOTICE  of  assessment  and  sale  (Act  of  April  14th, 

1853) 10  8 

of  assessment  and  sale   (Act  of  March  5th, 

1861) 1  28 

of  assessment  (Act  of  April  4th,  1864) 4—6          24,  25 

of  meeting  to  increase  or  diminish  capital. . .  21  19 

of  petition  for  dissolution 24  20 

of  sale  of  delinquent  stock  (Act  of  April  4th, 

1864) 7—9  24 

times  fixed  in,  may  be  once  extended 13  27 

of  assessments,  etc.,  in  mining  partnerships.  2,  4  29 

of  sale  in  mining  partnerships 3  29 

of  intention  to  change  principal  place  of  busi- 
ness    1  30 

PARTNERSHIPS  FOR  MINING  PURPOSES 1  28 

liabilities  of 1  28 

failure  of  member  of,  to  pay  assessments,  etc.  2  29 

notice  when  shall  be  given 2  29 

interest  of  delinquent  may  be  sold 2  29 

notices  of  sale 3  29 

rights  acquired  by  purchaser 3  29 

notice  when  delinquent  partner  is  absent  from 

the  State 4  29 

POWERS  OF  CORPORATIONS 4,  15  3,  10 

who,  shall  be  exercised  by 5  5 

PRINCIPAL  PLACE  OF  BUSINESS  may  be  changed. . .  1  30 
written  consent  of  stockholders  shall  be  first 

obtained 1  30 

notice  of  intended  change  shall  be  published.  1  30 
certified  copy  of  articles  of  incorporation  shall 

be  filed 2  30 

certificate  of  trustees  shall  be  filed 2  30 

shall  not  be  removed  out  of  the  State 3  31 

removal  of,  from  Aurora,  N.  T 1  31 

steps  necessary  to  be  taken 2  31 

former  removals  validated 3  31 

REPRESENTATION  OF  STOCK  held  by  executor,  etc.  11  9 

when  pledged 12  9 

RESOLUTIONS  AND  ORDERS,  how,  shall  be  entered  . .  1  21 

SALE  OF  STOCK  for  non-payment  of  assessments 10,  11,  1      8,  27,  28 


INDEX.  181 

SECTIONS.  PAGES. 

SECRETARY,  penalty  of,  for  neglect 19,  2  18,  22 

shall  make  affidavit  to  proceedings 22  19 

shall  publish  notice  of  assessment 5  24 

shall  publish  notice  of  sale 7  26 

shall  sell  delinquent  stock 11  27 

STOCK  shall  be  deemed  personal  estate 9  6 

how,  shall  be  transferred 9  6 

transfer  of,  not  valid  until  entered  on  the 

books 9  6 

sale  of,  for  non-payment  of  assessments 10,  11,  I      8,  27,  28 

how,  shall  be  sold 10,  11,  1      8,  27,  28 

how,  may  be  pledged 12  9 

held  by  executor,  administrator,  etc 11  9 

person  pledging,  shall  be  considered  owner . .  17  17 

STOCKHOLDERS,  liability  of 16  11 

actions  may  be  instituted  against 16  11 

property  to  be  divided  among,  after  dissolu- 
tion   23  19 

alphabetical  list  of,  shall  be  kept 18,  1  17,  21 

evidence  for  and  against,  in  actions 16,  18,  1    11,  17,  21 

meeting  of,  to  increase  or  diminish  capital  . .  21  19 

TAXATION  of  mining  claims  on  private  property  ....  1  57 

of  foreign  miners 90  58 

TRANSFER  AGENCIES  in  other  States  authorized  ....  1  32 

stock  issued  by,  shall  be  valid 1  32 

how  stock  shall  be  signed 2  32 

mode  of  issuance  and  transfer 2  32 

stockholders  may  pass  by-laws  for  regulation 

of 3  32 

shall  be  under  control  of  trustees 3  32 

TRANSFER  OF  STOCK 9  6 

by  transfer  agent 2  32 

TRUSTEES,  vote  necessary  to  remove 4  3 

vote  necessary  to  elect 5  5 

number  composing  board  of 5  5 

qualifications  necessary 5  5 

when,  shall  be  elected 5  5 

vacancy  in  board  of,  how  filled 5  5 

failure  to  elect,  on  day  designated 6  6 

acts  of,  valid  until  successors  elected 6  6 

majority  of,  shall  form  a  board 7  6 

decision  of  majority  of,  assembled  valid  ....  7  6 

how  first  meeting  of,  shall  be  called 8  6 

powers  of,  relative  to  assessments 10,  1  8,  24 


182  INDEX. 

SECTIONS.  PAGES. 

TRUSTEES  shall  not  make  dividends  except  as  pro- 
vided    13  10 

shall  not  withdraw  or  divide  capital  stock. . .  13  10 

when,  are  individually  liable 13,  14  10 

may  cause  dissent  to  be  entered  on  the  minutes  13,  14  10 

shall  cause  list  of  stockholders  to  be  kept ...  18,  1          17,  21 
shall  sign  notice  of  meeting  to  increase  or 

diminish  capital  stock 21  19 

shall  certify  proceedings  of  such  meeting ....  22  19 

power  of,  upon  dissolution  of  corporation ...  23  19 

certificate  of,  on  removal  of  office 2         30,  31 

usages  and  customs  of  miners 621  47 

VOTES,  number  of,  to  which  stockholders  are  entitled  5  5 

number  of,  necessary  to  elect  trustees 5  5 

number  of,  necessary  to  increase  the  capital.  21  19 

number  of,  necessary  to  dissolve  corporation .  24  20 

number  of,  necessary  to  remove  office 1  30 

LAWS  OF  NEVADA  TERRITORY. 

MINING  CORPORATION  LAW  (Act  of  Dec.  20th,  1862) 63 

SUITS  against  joint  tenant,  etc 72 

against  delinquent  stockholder 73 

for  damages  caused  by  working  of  mine 74 

against  mining  companies   76 

for  recovery  of  mining  claims 76 

MINING  CLAIMS,  contractor's  lien  for  labor  on 76 

conveyance  of 77 

mortgagee  of 77 

partition  of 78 

taxation  of 79 

OATH  to  be  taken  by  Trustees 176 

USAGES  AND  CUSTOMS,  evidence  of,  in  actions 176 

LAWS  OF  MEXICO. 

MINING  ORDINANCES  OF  MEXICO  (Code  of  1783) 81 

CHAPTER  I.     Tribunal  General 83 

II.     Judges  and  Deputies 89 

III.  Jurisdiction  in  mining  causes,  and  the  mode  of  proceed- 

ing and  opening  judgment 92 

IV.  Order  of  proceeding  in  lawsuits  in  cases  of  a  vacancy 

or  necessary  absence  of  any  of  the  'Judges,  or  of 

their  refusal 102 

V.     Original  ownership  of  mines,  grants  to  individuals,  and 

the  duties  to  be  paid 102 


INDEX. 


183 


PAGES. 

CHAP.  VI.     Manner  of  acquiring  mines,  new  discoveries,  registers, 

and  denouncements 103 

VII.     Persons  who  may  or  not  discover,  denounce,  and  work 

the  mines 108 

VIII.     Properties,  intermediate  spaces,  and  measures 110 

IX.     Working,  supporting,  and  protecting  mines 113 

X.     Drains  in  mines 118 

XI.     Mines  worked  by  companies 122 

XII.     Laborers  in  mines  and  in  works  for  the  reduction  of 

metals 124 

XIII.  Supply  of  water  and  provisions 130 

XIV.  Millers — Persons  who  reduce  ores  for  the  miners  by 

agreement,  and  purchasers  of  metal 135 

XV.     Contractors  for  supplying  mines  with  money  and  other 

articles 138 

XVI.     Fund  and  Bank  of  Supplies 143 

XVII.     Surveyors  for  operations  of  the  mines  and  reduction  of 

the  metals  from  ore 147 

XVIII.     Education  and  instruction  of  young  persons  intended 

for  the  mining  business 151 

XIX.     Privileges  of  the  mines 155 

RIGHTS    OP    FOREIGNERS    RESIDENT    IN   MEXICO. 

Decree  of  President  Comonfort  (February  1st,  1856) 162 

Decree  of  President  Juarez  (March  16th,  1861 ) 163 

Decree  of  President  Juarez  (March  13th,  1863) 164 

DIGEST  OF  DECISIONS  OF  THE  SUPREME  COURT  OF  THE  STATE  OF 
CALIFORNIA,  see  CONTENTS vii 


o 

3   br 


a  *     * 

>a>  C 

i.? 


^csM'-'-^'-S"-:'*'"^; 
MOi=3i~-'3O'^^3QS3$ 

^s.-is^ss**-. 


>    22    ^  5    ,. 

-£o§t^£ 

~    gjci-   ^    Q 


. 


J."         >g   >5.^-rT^^   ^^   g   S 

{s 

2£-      S?  ^^  o  re 

P      F  3  S  2  °- 

n  M    <D    C3    O    i: 

^,5.^-^  ^a 


P 
P^ 


— •  J»'  o 


B   a  _ 
^.S 


cr 

<t> 


I    ^J 

u  &  i-3    ~ 


,    P. 


SS'pg  jyeS 

H-    5'   -   'I      d      P      * 

-.aq  >  '     »  3.  I 


zopl^§» 
^    S    O-  ^    trt-   ^ 
3    cc    «•    ^  O    C    c 

§  2,5-ag"?" 


^.5-^:  -s.p.g  ^3  »  pi     ^s  rti   £ 

P*"B      .«**.**-.  •F*  ®  dS  ^2.-  ss^  •«.  8  !-•  B»*      D-n 

0>v     .  O    ST*         rT-^O^P^HCD^    <^rt3° 

po^aic^       ^^OQ        5s  82  P^S  -N 

!i=ilisl^|fli:ll! 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED   FOR   FAILURE  TO   RETURN 
THIS   BOOK  ON   THE   DATE   DUE.   THE  PENALTY 
WILL  INCREASE  TO  5O  CENTS  ON  THE  FOURTH 
DAY    AND    TO    $1.OO    ON    THE    SEVENTH     DAY 
OVERDUE. 

£PR  80  1936 

ftfi  AY/          •£        4  n<r\t* 

MAT     1    1936 

~*pW  14  194? 

• 

LD  21-100m-8,'34 

YB 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


